The European Council has called on the Albanian government to bring the draft amendments to the media law, in line with Venice Commission recommendations, something it has failed to do so far.
On Monday, European ministers met in the General Affairs Council, where they unanimously approved the Council’s conclusions on enlargement. Amongst concerns over migration and property rights, the Council asked Albania to “resume efforts to make tangible progress on freedom of expression and the safety of journalists.”
This call came on the same day a woman journalist was assaulted by two men in Tirana, amid a year that has seen zero prosecutions for crimes against media workers. Furthermore, Albania continued to score poorly, continuing a downwards trend in the Reporters Without Borders World Press Freedom Index in 2021, most notable since Prime Minister Edi Rama came to power.
The Council reiterated the importance of ensuring the so-called “anti-defamation” package aligns with Venice Commission recommendations and international standards. The law, currently one parliamentary vote away from entering into force, would bring all online media under the control of a government-appointed body headed by Rama’s former communications aid.
The Venice Commission was asked to review the law and did not hold back in criticisms.
In their draft opinion dated May 28, the Commission considered the draft amendments “not ready for adoption in their current form”, adding that the law “suffers from vagueness and would likely have a ‘chilling effect’ suppressing free discussion and political speech […].”
They urge the Albanian government to support the setting-up of a self-regulatory body. Instead, that would ensure online media accountability. They also encouraged the government to ensure those overseeing the law are politically independent, which has not happened. They were clear that administrative powers given to the CC/AMA are problematic concerning the freedom of expression. These bodies are not independent, and hence the extra power given to them may be abused on behalf of the government and companies connected with politics.
Finally, the Venice Commission recommends the Albanian government “reconsidering the adoption” of the law because it “may do more harm than good to the freedom of the expression” in the country.
The amendments were passed by the Socialist majority a year ago and then vetoed by the president. It remains on the parliament’s agenda and can be passed with a simple majority at any time.
Despite calls from thousands of journalists, many journalist organisations, and members of civil society, the European Commission has refused to make shelving the law a condition of sitting at the first intergovernmental conference marking the official start of EU accession talks.
Albanian Government Pledges to Ensure Media Law Meets Venice Commission Recommendations
