In an unusual decision for Albanian judicial practice, the Court of First Instance in Tirana ordered the deletion of articles published by at least 10 online media outlets, without the presence of the parties in the session and before the case was examined on its merits.
The decision does not require the correction or change of titles considered "derogatory", but rather requires the complete removal of the materials from the portals and the blocking of public access to them until the conclusion of the legal process.
This very element is being considered by media experts and journalist organizations as a first precedent of this nature and worrying for freedom of expression in Albania, with the risk of creating a climate of self-censorship in the editorial office.
The decision of the First Instance Court of General Jurisdiction in Tirana was made against 10 online media outlets and 1 journalist, following a lawsuit filed by businessman Dionis Teqja.
The businessman's lawsuit is related to media reports that identified him as "wanted," while the case in question concerned a civil/commercial procedure and not a criminal one.
The court ordered the removal and blocking of published materials until the conclusion of the substantive review of the case. But what has raised the most debate is not just the lawsuit, but the way the court intervened against the media.
The decision was made without a public hearing and without hearing the parties, while the order does not require correction or refutation of the information, but rather the complete deletion of the articles and blocking public access to them.
Media experts warn that such cases create a climate of self-censorship in newsrooms, as media outlets may avoid publishing sensitive investigations or reports for fear of costly lawsuits and court orders for immediate removal of content.
According to the executive director of the ResPublica Center and attorney Dorian Matlija, the court's immediate decision is also problematic from a procedural point of view.
"This case resembles a preliminary censorship. As far as I know, it is the first case of this kind in Albania, this is because the court should have had the plaintiff and the defendant present. Preliminary hearings should have been held and a decision should have been given on the merits," said lawyer Dorian Matlija.
Financial pressure on the media
Beyond the debate over the court's decision to delete the articles, another element of the lawsuit that has raised concerns among the media, journalists, and even experts in the field is related to the high value of the damages requested.
In the civil lawsuit filed by businessman Dionis Teqja, around 680 thousand euros in total are being sought against ten online media outlets, with individual amounts ranging from 20 thousand to 500 thousand euros.
Media experts and lawyers warn that such financial demands could create a chilling effect on newsrooms, especially in cases of investigative reporting or publications involving prominent public and business figures. According to them, even before a final court decision, the size of the damages themselves could influence how media outlets report in the future.
According to lawyer Dorian Matlija, the amounts requested are outside the usual practice of Albanian courts in similar cases.
"The amount of compensation requested is excessive, frightening. In civil courts, 500 thousand lek - 1 million old lek are awarded according to the jurisprudence of the Strasbourg Court," said Matlija.
The case has also drawn reactions from organizations that defend media freedom. The SafeJournalists Network has raised concerns about the proportionality of the measure and the impact it may have on freedom of expression, stressing that restrictions on media content must be necessary, proportionate and in line with European standards.
Meanwhile, the Union of Albanian Journalists has considered the decision an unusual case that violates editorial independence and creates a problematic precedent for the right of the media to publish and circulate information of public interest.
The jurisprudence of the European Court of Human Rights has reiterated on several occasions that high damages awarded to the media in defamation cases can create a "chilling effect" on freedom of expression and investigative journalism./shteg