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Rakipi: Excluding journalists from defamation seems insulting to me, it means we are licensing them to defam.

2025-09-04 13:15:34Aktualitet SHKRUAR NGA REDAKSIA VOX
Rakipi: Excluding journalists from defamation seems insulting to me, it means we
Arben Rakipi

Arben Rakipi, director of the School of Magistrates, during the public consultation on the new Criminal Code on Thursday, in the presence of Justice Minister Ulsi Manja, focused on the most discussed article of the draft, defamation.

In his full speech, Rakipi brought a series of legal and political arguments for addressing this article, especially in relation to the media and journalists.

According to Rakipi, exempting journalists from criminal liability for defamation is a problematic approach in itself.

"If we exempt journalists from defamation, I find it offensive and in a way we license them to defam. Or worse yet, it prejudices by implying that they defam," he declared.

The Director of the School of Magistrates emphasized that the mission of the journalist is related to the truth and not to defamation, therefore, according to him, it is not necessary for journalists to be specifically excluded from the relevant article. However, he acknowledged the concern that exists to protect the journalist from penalization when he has made a mistake in good faith, noting that the technical group has addressed this:

"He needs some protection from the normal logical fallacy norm and we have excluded him."

Rakipi emphasized that the treatment of the defamation article is an issue that has already passed from technical to political.

"Albania has a promise to decriminalize defamation, but our working group has not had political contacts to absorb this orientation and has remained at the technical level. Then this discussion has taken a backseat," he said.

Speaking about his position, Rakipi added:

"Personally, after we talked, I think this is a political and legal issue and I bear responsibility for the legal part that I support. As an employee of this state, I don't want to create problems. If this makes Albania benefit, let politics decide."

He also emphasized that he does not consider defamation in the Criminal Code as a danger to the country:

“I don’t think Albania is harmed by defamation in the Criminal Code.” For him, the relationship between speech and truth is more important: “Respect for speech is relative, it depends on how much respect speech has for the truth. Our point of view needs to be softened and balanced.”

In conclusion, Rakipi recalled that the decriminalization of defamation is not a binding international standard:

"Kosovo has decriminalized it, but this is not an internationally imposed norm. The point is not to ignore the legal elements."


Në përputhje me standarded JTI

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