The draft of the new Penal Code proposes penalties that risk silencing journalists and penalizing public opinion. Through an analytical report, the Science and Innovation Center for Development (SCiDEV) raises the alarm about the consequences that its adoption without reflecting changes could bring.
Proposal, published by the Ministry of Justice on August 27, represents one of the most profound reforms of Albanian legislation since 1995. The government says it aligns the code with European standards. But, according to SCiDEV's analysis, it risks being instrumentalized for censorship.
In one detailed report From a legal and media law perspective, SCiDEV has highlighted the most problematic articles that can be used against journalists, civil society activists, or even whistleblowers themselves.
Among the most concerning articles are those on defamation, insult, interference in justice, and desecration of state figures. The report is accompanied by five concrete recommendations.
The most problematic articles: From defamation to serious insult
Article 865 of the draft expands the definition of defamation to include damage to the reputation of institutions and not just individuals, sanctions public apology, refutation, and fines that can be doubled if the defamation occurs in the media or social networks.
The wording removes the specification of the declarations "I know they are fake" of Article 120 which is currently in the Criminal Code and has a double standard approach as it supports officials by increasing penalties for cases where situations are addressed to them.
SCiDEV believes that these changes should not be approved because "contradict the principles of proportionality and the EU's own recommendations for the decriminalization of defamation."
Article 863, which deals with insult, amends Article 119 of the current Code by adding a new category as "serious insult" with unclear legal definitions (such as: harm to the victim's self-esteem, good morals, disturbing public opinion, etc.) but punishable by up to 2 months in prison.
The report raises concerns that these formulations could be used to punish critical opinions or political commentary, increasing fear and self-censorship. Similarly, SCiDEV believes that these changes should not be adopted as they are not in line with EU recommendations, which recommend that prison sentences for insults should be eliminated.
In Article 536, which talks about the protection of the independence of the judiciary – for which there were no similar specifications in the current Code and is considered a positive innovation – there are unclear formulations such as "oppressive circumstances" to the independence of the judiciary, or "openly intended" of influence.
The wording does not offer protection to journalists. SCiDEV believes that it risks being misused to violate freedom of expression of opinion regarding judicial processes of high public interest, which are considered legitimate criticism.
The practice of other countries is mainly limited to the illegal distribution of investigative evidence, while the measure of imprisonment is considered disproportionate.
This concept, known as "scandalizing the judiciary", It originates from English Common Law and has been repealed in the United Kingdom since 2013, precisely because of the risk it poses to freedom of expression. SCiDEV therefore recommends that Article 536 be reformulated.
The decline of freedom of speech, satire and political humor
Article 852 entitled “Violation of freedom of thought and expression” amends Article 261 of the current code for "Obstruction of the exercise of the right to express, assemble and demonstrate." It expands the protection of freedom of expression to include "freedom of the press", but according to SCiDEV it could have been worded "media freedom".
In the report, SCiDEV says that the protection offered is not systematically linked to existing criminal provisions for violence against journalists and does not include anti-SLAPP measures recommended by the EU. It therefore proposes that journalists be treated equally as employees of public interest services, and included in Article 338, which sanctions violence or threats against them.
Article 235, on "the desecration of the Republic" amends Article 268 of the current code which speaks of "The humiliation of the Republic and its symbols." It provides for criminal penalties of up to four years in prison for "desecration of state figures" like the President, the Parliament, the Government, or even the martyrs of the Homeland.
The inclusion of these categories turns political criticism, satire, or even protest itself into criminal offenses. SCiDEV believes that the clause that includes these categories should be removed.
“The origin of this article resembles the 'lèse-majesté' laws. These have been removed from the legislation of France and Belgium as anti-democratic,” the report points out.
Article 515, which deals with the publication of secret investigative acts – a provision not found in the current Code – allows for imprisonment of up to four years, even if the information was obtained from official sources. It does not clarify whether the journalist or citizen who publishes the act can be protected in the name of the public interest.
This wording, in the absence of exceptions for journalists, could be used to silence whistleblowers and media outlets reporting on corruption or important processes. SCiDEV therefore recommends that it be revised.
A draft code that could undermine the foundations of democracy
At a time when Albania claims to meet the criteria for EU integration - even with accelerated steps according to the government within 2030 - the draft of the new Criminal Code jeopardizes important aspects of a democratic system such as pluralism of opinion, freedom of the media, or even the space for public debate itself.
“Journalists and other public watchdogs […] should not be criminally penalized for exercising a function in the public interest,” The SCiDEV report emphasizes that transparency and civil responsibility are more democratic ways to protect dignity than toughening the Criminal Code.
For this reason, the report concludes by recommending: Decriminalizing defamation and insult, strengthening the protection of journalists and public watchdogs, reviewing provisions that potentially restrict expression, harmonizing with European and international commitments, and ensuring proportionality and legal clarity.
Read also:
- The new Penal Code endangers freedom of expression
- Media organizations against the new Criminal Code: It violates freedom of expression
Erblin Vukaj has completed his studies in “Communication Sciences” and further mastered (MSc) in “European and International Journalism” at the University of Tirana. Since 2012, Vukaj has been working as a professional journalist, gaining experience in online media, print media, radio and television. He has covered various issues such as current affairs, health, environment and sports. In parallel, he has led and been involved in several research projects on the communist past in Albania.
