Dozens of journalists protested outside the Albanian parliament on December 18 as MPs prepare to vote on a controversial package of laws regulating the media, despite strong criticism from international organisations, NGOs and Albanian opposition parties. 

The government says the laws are intended to counter fake news, but critics say they will undermine freedom of expression and media freedom in the country. 

With Prime Minister Edi Rama’s ruling Socialists holding a majority in the parliament the laws are expected to be passed easily. 

Two draft bills that make up the ‘anti-defamation package’ were adopted by the parliament’s committee on legal affairs, public administration and human rights on December 16. 

“The purpose of the legislative changes is to discipline and regulate by law the media services and the electronic publications services, due to their increased social, cultural, economic and political impact on Albanian society,” the parliament said in a statement. It added that the lack of mandatory legal rules increases the potential for abuse of social media.

Rama defended the legislation and attacked its critics in a series of tweets this week. “Regrets for those who use freedom of expression to complain about their lack of freedom, for those who make statements that have nothing to do with the new law,” he wrote. 

“Either they haven't read the bill or they want to freely attack the dignity of everyone on social media sites and websites and make fun of the truth and public opinion, writing what they fancy, slandering whom they fancy.”

He also stressed the Albanian government’s collaboration with the Organisation for Security and Cooperation in Europe (OSCE) over the last year since the legislation was first proposed: “The project will come up for approval tomorrow after nearly a year of joint work with the OSCE and 100% agreed with the experts of the Vienna office under the direction of [OSCE representative for media freedom Harlem Desir].” 

The most recent statement from the OSCE on the issue, published on December 9, welcomes amendments made to the legislation including the definition of the scope of the law, and clarification that electronic media providers will not be submitted to a compulsory registration mechanism. 

“I appreciate the long and constructive co-operation we have established with the authorities of Albania during the drafting process of the new amendments to the law on Audiovisual media,” Desir said.

However, the OSCE statement went on to recommend several additional modifications to the draft legislation, specifically guarantees that all the Audiovisual Media Authority's (AMA’s) decisions can be appealed before the competent judge immediately after their adoption, sanctions to only be adopted after proper consideration of the size and economic capacity of the media in question, and a removal of references to “political belief” and “union membership” from article 33/1 which relates to racism and discrimination. The OSCE statement also raises concerns about the powers granted to Electronic and Postal Communication Authority (AKEP). 

“I hope that the draft amendments will continue to be improved during their examination in parliament, including by taking into account public consultations with civil society, journalists’ associations and media actors,” said Desir, according to the statement. 

“Much will also depend on the implementation of the new legislation. It is important to ensure that the regulatory agency, AMA, can perform its competences and duty in a fully independent manner, free from any kind of political interference. My office and I will monitor it with careful attention.”

Council of Europe Commissioner for Human Rights Dunja Mijatovic raised similar concerns on December 17. “These laws are in need of urgent improvement. Several provisions are indeed not compatible with international and European human rights standards which protect freedom of expression and freedom of the media,” said Mijatovic, according to a Council of Europe statement. 

“I am particularly concerned that discretionary powers given to regulatory bodies, the possibility to impose excessive fines and to block media websites without a court order, as well as the introduction of state regulation of online media, may deal a strong blow to freedom of expression and media freedom in the country. It is of the utmost importance to ensure that the Internet remains an open and public forum and that self-regulation by the media, including online media, prevails.”

There has also been fierce opposition from within Albania, where opposition leader Lulzim Basha urged Albanian citizens to unite against the new media legislation that he called a “censorship package” 

“We must be united against the so-called anti-defamation law with which the government is trying to impose censorship and control online media,” Basha said on December 17. 

The laws are heading for adoption in the context of a media environment that international watchdogs say is deteriorating. This was the conclusion of an international delegation comprised of the European Centre for Press and Media Freedom (ECPMF), Article 19, the Committee to Protect Journalists (CPJ), the European Federation of Journalists (EFJ), the International Press Institute (IPI), Reporters Without Borders (RSF) and the South East Europe Media Organisation (SEEMO) that visited Albania earlier this year and met wth top officials including Rama as well as journalists and editors. 

“The delegation found that press freedom in Albania is deteriorating. Recent physical attacks against journalists have gone unresolved. Top public officials regularly use language that belittles and smears critical journalists. The public administration, including the office of the prime minister and the mayor of Tirana, are not transparent in their interactions with the media and restrict access to critical journalists,” said the statement issued following the visit. 

The media watchdogs also slammed the new legislation which, they said, included a “draconian regulation scheme” for Albanian and foreign online media outlets that is “not in line with international human rights standards”.