{"id":14692,"date":"2019-01-18T15:53:10","date_gmt":"2019-01-18T15:53:10","guid":{"rendered":"http:\/\/ais.al\/new\/?p=14692"},"modified":"2019-01-18T16:16:03","modified_gmt":"2019-01-18T16:16:03","slug":"ais-proposals-on-the-draft-law-on-some-additions-and-amendments-of-the-law-on-audiovisual-media-in-the-republic-of-albania-and-law-on-electronic-communications-in-the-republic-of-albania","status":"publish","type":"post","link":"https:\/\/ais.al\/new\/en\/ais-proposals-on-the-draft-law-on-some-additions-and-amendments-of-the-law-on-audiovisual-media-in-the-republic-of-albania-and-law-on-electronic-communications-in-the-republic-of-albania\/","title":{"rendered":"AIS PROPOSALS ON THE DRAFT LAW “ON SOME ADDITIONS AND AMENDMENTS OF THE LAW “ON AUDIOVISUAL MEDIA IN THE REPUBLIC OF ALBANIA” AND LAW ” ON ELECTRONIC COMMUNICATIONS IN THE REPUBLIC OF ALBANIA”"},"content":{"rendered":"\n

Brief introduction<\/em><\/strong><\/p>\n\n\n\n

The\nInternet “enables people to have access to information and services, to\nconnect and communicate, and to globally share ideas and knowledge. It provides\nthe essential tools for participation and consideration in political activities\nand other public interest activities[1]<\/strong><\/a>.\u201d\n<\/em><\/p>\n\n\n\n

According\nto the European Court of Human Rights, the Internet is “<\/em>an information and\ncommunication tool particularly distinct from the printed media, especially as\nregards the capacity to store and transmit information. The electronic network,\nserving billions of users worldwide, is not and potentially will never be\nsubject to the same regulations and control. The risk of harm posed by content\nand communications on the Internet to the exercise and enjoyment of human\nrights and freedoms, particularly the right to respect for private life\u2026.. is\ncertainly higher than that posed by the press<\/em>[2]<\/strong><\/em><\/a>\u201d.<\/em><\/p>\n\n\n\n

Furthermore, in the case of Ahmet Yildirim v Turkey<\/em>, the\nEuropean Court of Human Rights stressed that: \u201c<\/em>Internet has now become one of the\nprincipal means by which individuals exercise their right to freedom of\nexpression and information.\u201d<\/em> [3]<\/a> The\nCourt also recognized that: \u201cdefamation and\nother types of illicit speech, including hate speech and violence-inducing\nlanguage can be disseminated as never before, worldwide, in just a few seconds\nand in some cases stay permanently in the media <\/em>[4]<\/a>\u201d.  <\/p>\n\n\n\n

The European Court of\nHuman Rights has sanctioned that the first and most important requirement of\nArticle 10 of the European Convention on Human Rights is that the interference\nof any public authority with regard to the right to expression should be\nlawful. In order to comply with this important requirement, the interference\ndoes not simply require basis in the domestic law of the country. The law\nitself must correspond to some important “quality” requirements. In\nparticular, a norm can only be considered a law only when it is designed with\nprecision to enable citizens to regulate their behaviour.[5]<\/a> The measure of precision\ndepends to a large extent on the content of the instrument in question, the\nfield for which it is designed to cover, as well as the number and status of\nthose to whom it is addressed[6]<\/a>. While the notion of\npredictability applies not only to the stage of behavioural implementation, but\nalso to “formality, conditions, limitations or sanctions<\/em>” that\nare associated with such behaviour if considered in violation of domestic law\nof the country[7]<\/a>.<\/p>\n\n\n\n

Recommendations <\/em><\/strong><\/p>\n\n\n\n