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Tolerance Toward Criticism by Reporters
The Albanian Helsinki Committee (AHC), after becoming familiar
with order of October 13, 2005, of the Prime Minister of the
Republic of Albania, considers it a measure that would serve to
greater transparency toward criticism made by media outlets or
specific reporters
However, regarding the contents of this order, the Albanian Helsinki
Committee deems it necessary to highlight the part demanding
political officials to not file any criminal or civil charges
(against reporters). This might be an understandable and founded
recommendation, but the order to do so appears inappropriate.
The Albanian Helsinki Committee is of the opinion that such a
categorical order fails to consider the fact that even the
political official or senior state official is a citizen whom the
Constitution guarantees the right of complaint. Item 2 of
article 42 of the Constitution of the Republic of Albania says: "
Everyone, to protect his constitutional and legal rights, freedoms,
and interests, or in the case of an accusation raised against him,
has the right to a fair and public trial, within a reasonable time,
by an independent and impartial court specified by law".
The AHC, even in the past, in cases when state officials have
filed criminal or civil suits against various reporters, has
reacted publicly calling for greater tolerance on the part of senior
officials and has suggested the objective trial of such cases by the
pertinent courts.
In this aspect, the AHC has kept and keeps in mind the consistent
position of the European Court of Human Rights. For instance, in
the case of reporter Lingens against Austria, the above
Court, in its decision, said: “The permissible limits
of criticism are broader for politicians and their political actions
than for other private individuals". Further on, it notes:
"Politicians willingly and unavoidably expose themselves to the
reaction caused by any word of theirs and toward anything they do
today, and even toward what they have done in the past. However,
they must be by all means more tolerant, even toward brutal attacks".
In the very same decision, the Court emphasizes: "This naturally
does not mean that somebody, for being a public person, may be
downtrodden unless convicted, without even having the opportunity to
defend his good name (reputation)". (See "Milestones",
published in 2000, Albanian translation, pages 411-412).
The Albanian Helsinki Committee also deems it necessary to
mentiont hat decisions of the European Court of Human Rights
represent a binding precent for our country too, a member state that
has ratified the European Convention on Human Rights.
In closing, the AHC suggests the quick discussion and approval of
the draft-law "On Freedom of the Press" and, in that spirit,
suggests the review of relevant provisions of the Criminal Code and
the Criminal Procedure Code. In this respect, it should suffice
to mention the fact that, according to item 3, article 159 of the
Code of Criminal Procedure, when data to verify the commission of a
criminal act are indispensable, the court may order the reporter to
reveal the source of his/her information.
On this occasion, the AHC expresses its special appreciation for
the role of the press toward the intensification of the fight
against corruption.
The AHC hopes for the understanding of every reporter with regard
to the contents of this statement.
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