The undersigned organisations of the SafeJournalists Network, partners of the Media Freedom Rapid Response (MFRR), Reporters Without Borders (RSF) today stress that recent amendments to Albania’s Criminal Code, though positive, must be strengthened to ensure full decriminalisation of defamation.
Our organisations welcome the amendments to Albania’s Criminal Code approved on 21 January 2026 by the Parliamentary Committee on Legal Affairs and Public Administration, which if passed into law would represent important steps forward in improving the climate for media freedom, journalists’ safety and freedom of expression.
These amendments reflect a clear political intent to move away from the criminalisation of defamation as part of the European accession process, acknowledging that public-interest reporting carried out in good faith should not be subject to criminal punishment. We also specifically welcome the strengthening of criminal protection against violence and serious threats targeting journalists because of their professional duties, notably through amendments of the Articles 237 and 238 of the Criminal Code, which address long-standing concerns related to journalists’ safety and the state’s positive obligations under European human rights law.
At the same time, European standards make clear that partial or status-based approaches to decriminalisation of defamation are insufficient to protect freedom of expression effectively. As long as defamation remains a criminal offence, it produces chilling effects on journalists, civil society actors, activists, whistleblowers, and other public watchdogs. For this reason, full decriminalisation of defamation and insult remains the only acceptable outcome to ensure durable alignment with European standards and to safeguard public-interest expression in Albania.
Against this background, we note that the newly adopted amendments do not yet achieve this objective. The current text introduces a limited, status-based exemption from criminal liability, applicable only to journalists described as “registered and recognised” and only in relation to defamation, while insult remains a criminal offence. This approach raises concerns regarding legal certainty, equal protection of freedom of expression, and the continued chilling effect of criminal law on public debate.
In particular, limiting protection to a narrowly defined professional category risks excluding other public-interest speakers, including civil society organisations, activists, researchers, whistleblowers, and citizens, who play a vital role in democratic discourse. Moreover, references to “registered and recognised” journalists are problematic in a context where Albania has no formal system for journalist registration and where such mechanisms would be incompatible with European standards on media freedom and independence.
We also note that retaining parallel criminal offences, such as insult, undermines the effectiveness of partial reforms by allowing critical expression to be prosecuted under alternative provisions, thereby maintaining the pressure of criminal law on speech.
In light of the above, we encourage the Albanian authorities to build on the positive steps already taken and to pursue full decriminalisation of defamation and insult, in line with European and international standards, and ensure that protection of expression is function-based and linked to public interest and good faith, rather than to professional or status-based criteria.
Such an approach would consolidate the progress made so far and ensure that Albania’s legal framework genuinely protects freedom of expression as a cornerstone of democratic society and the rule of law.
We reiterate our commitment to supporting Albanian institutions in improving legislation concerning media freedom and freedom of expression. We support the joint declaration of Albanian civil society organisations and their continued engagement to improve the legal framework for freedom of expression.
