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New Penal Code Draft: UGSH Demands Review of Several Articles

TIRANA, Aug 1 /ATA/ The Albanian Journalists’ Union (UGSH) released a statement regarding the recently introduced draft of the Penal Code. In their media briefing, UGSH expressed opposition to specific articles in the draft and raised concerns that the proposed provisions could undermine freedom of expression.

Article 236 expands protections for state symbols by criminalizing misuse of names or images of top political officials, raising concerns since these figures are public and political personalities.

The new provision in the draft, included in the section on offenses against the constitutional order, defines any act deemed to undermine or insult the respected values of the designated institutions as desecration. UGSH warns that this could result in an increasing number of journalists, editors, and other media professionals being subjected to legal proceedings and summonses by prosecutors.

UGSH expresses serious concerns that the draft, in its entirety, poses a significant threat to media freedom and freedom of expression in the country.

“According to UGSH, this draft signals the possibility that our country could adopt a new Penal Code that represents a backsliding in freedom of expression, disregarding the recommendations of EU directives and the jurisprudence of the European Court of Human Rights. The document ignores repeated calls for the decriminalization of defamation,” the Union stated.

UGSH has urged a review of Articles 120, 240, 241, and 865, warning that these measures threaten not only journalists but also ordinary citizens who use the media to voice their criticisms.

UGSH stated that the draft “needs significant revision, rephrasing, and clearer definitions, incorporating feedback from journalists’ groups, diverse social stakeholders, experts, and particularly professional representatives from regional and international organizations concerned with legislation and its alignment with the European Union.”

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