Albania's Online Media Law: A Threat to Freedom of Expression

The Albanian government is set to pass a new "anti-defamation" media law package on December 19, which has raised concerns among international and local press freedom organizations. The European and International Federations of Journalists (EFJ/IFJ) have backed calls from their affiliate in Albania (APJA) to reject the two draft laws, which threaten freedom of expression and media freedom.

Albanian Prime Minister Edi Rama announced that Parliament will pass the so-called "anti-defamation package" after initial 'public consultation' hearings on December 11 and 12 in Tirana. If adopted, amendments to the Law on Audiovisual Media and the Law on Electronic Communications would grant government bodies, the Albanian Media Authority (AMA) and Albanian Communication and Postal Authorities (AKEP), the power to instantly block media websites and impose excessive fines for any violations of dignity and privacy. It would also introduce mandatory registration requirements for online media.

The Association of Professional Journalists of Albania (APJA) warns that these new laws would give the regulatory bodies “quasi tribunal competences”. Although these bodies are independent by law, there are no guarantees they will operate independently in practice. The fear of lack of independence and the excessive fines imposed without judicial control are among the worrying provisions flagged by the Organization for Security and Cooperation in Europe (OSCE) in its legal review published on 9 December. OSCE Media Freedom representative Harlem Désir warned that “such fines could lead to the closure of media and be seen as indirect pressure.”

In a joint statement, the EFJ along with 6 press freedom organisations warned “that the proposals are not in line with best practices on self-regulation and would have an adverse impact on freedom of expression in Albania.” “We need self-regulation in Albania, not state-regulation of online media, said APJA Mimoza Kociu. Albania has enough laws to regulate such cases, the courts already ruled in the past. We reject any legislative provisions that would impose registration requirements and give regulators the power to block electronic media and impose fines. We simply ask for the withdrawal of the laws.”

The proposed amendments to the Law on Audiovisual Media and the Law on Electronic Communications in Albania have been criticized for not aligning with international standards on freedom of expression and media freedom, as outlined by the European and International Federations of Journalists (EFJ/IFJ). The amendments fall short of international standards and principles of media freedom, and raise concerns about increased censorship and self-censorship. The Venice Commission also expressed concerns about the draft amendments, stating that they would likely have a "chilling effect" on free discussion and political speech in the Albanian online sector.

The potential implications of granting regulatory bodies the power to block media websites and impose excessive fines without judicial control, as highlighted by the Organization for Security and Cooperation in Europe (OSCE), include increased censorship and self-censorship. Media outlets may feel pressured to comply with the demands of regulatory bodies to avoid being blocked or fined, leading to a chilling effect where media outlets self-censor to avoid potential repercussions. This could result in a decrease in the diversity of viewpoints and information available to the public. Additionally, the lack of judicial control could lead to arbitrary decisions by regulatory bodies, which may not align with the principles of freedom of expression and media pluralism. This could further erode public trust in the media and regulatory bodies, as well as create an environment where media outlets are more susceptible to political pressure.

The mandatory registration requirements for online media in Albania, as proposed in the "anti-defamation package" of media laws passed in December 2019, have raised concerns about their potential impact on the diversity and independence of the Albanian media landscape. The Venice Commission, in its opinion on the draft amendments, expressed concerns that these requirements could lead to increased censorship and self-censorship, suppressing free discussion and political speech in the Albanian online sector. The registration process may create barriers to entry for new, independent online media outlets, as it could be time-consuming, costly, and subject to arbitrary decisions by regulatory bodies. This could lead to a reduction in the diversity of voices and viewpoints represented in the Albanian media landscape, as only well-established or government-aligned outlets may have the resources and connections to navigate the registration process successfully. Moreover, the registration requirements could be used to exert pressure on online media outlets, with the threat of deregistration or fines for non-compliance. This could lead to self-censorship, as outlets may choose to avoid controversial topics or critical reporting to maintain their registration status and avoid potential penalties.

To promote self-regulation and mitigate these concerns, alternative mechanisms could be explored, such as voluntary registration and codes of conduct, strengthening independent media councils, promoting digital literacy and media education, and encouraging public funding and diverse revenue streams. These approaches can help foster a more vibrant, diverse, and independent media ecosystem in Albania.