ABDI BALETA DEFENDS PRESS FREEDOM
The company ADDA has sued journalist Ylvi CANA; Mr. Abdi BALETA, lawyer, in defense of the journalist.
Free press Albania must secure on its own.
Articles 187/2 and 186 of the law on delicts narrow the rights of those who restrict, they win the freedom of thought! [?]
On 7 June 1992, in the secured news bulletin of the Albanian Telegraphic Agency at 19:10, it was announced that an employee of the firm ADA (?) had accused journalist Ylvi Cana, through a statement, of defamation.
• The company ADDA has sued journalist Ylvi CANA.
• Mr. ABDI BALETA, lawyer, in defense of the journalist.
• Free press Albania must secure on its own.
• Articles 187/2 and 186 of the law on delicts narrow the rights of those who restrict!
On 7 June 1992, in the secured news bulletin of the Albanian Telegraphic Agency at 19:10, it was announced that an employee of the company ADDA, through a statement distributed by the Albanian press, accused journalist Ylvi Cana of deliberate defamation. What a sensational matter! The true face of freedom of speech in Albania is appearing for the first time stripped of all its deceptive veils!
In our Albania, several officials, especially those at the top, provoke anger; in their speeches they swear and keep swearing that they love freedom, democracy, the market economy, pluralism, etc., etc., but in fact they either do not know these notions at all, or they know them but use them to deceive. The employee of the firm ADDA and its lawyer declare journalist Ylvi Cana a defamer without giving him the right to prove the accusation in court. They first declare him guilty before public opinion and only then want to take him to court. They seek to frighten us with courts and punishments, as if press freedom were their gift and not a right won by society.
What is the journalist accused of? Of an article that gave voice to the denunciations and suspicions circulating around the activities of a company. Instead of publicly clarifying their actions, they take the path of judicial pressure. This is the old road of suffocating free speech. Anyone with economic power or links to power seeks to impose himself through fear. Yet press freedom cannot be measured by the wish of a company, nor by the nervousness of an official.
Albania today needs a free press, not a frightened press. A journalist may make mistakes; but correcting a mistake is done with facts, with the right of reply and with public debate, not with labels and pressure. If every critical voice is taken to court, then what meaning does the pluralism preached to us every day have? What meaning does democracy have if free speech is allowed only when it serves the powerful?
Here another serious legal problem emerges. Articles 187/2 and 186 of the law on delicts are used as tools to restrict speech, not to protect rights. The spirit of these articles opens the way to punishing critical thought, because it is enough for the powerful to feel offended and immediately the journalist is placed under accusation. This logic is unacceptable for a country that claims it is building democracy.
In these circumstances, the defense being offered to the journalist by Mr. Abdi Baleta has special value. This is not only the matter of one journalist or one newspaper; it is the matter of the public’s right to know. Free press in Albania must secure its own existence, with courage, solidarity, and open confrontation against any attempt to subdue it.
When a newspaper is unjustly attacked, what is targeted is not only its newsroom, but the entire citizen’s right to information. That is why this issue must be seen as a test for everyone: for the courts, for jurists, for deputies, and for public opinion. If we stay silent today, tomorrow it will be too late.
(To be continued on page 2)
Should the press law and the journalist’s status be urgently approved?
Should the filming of pornographic films, magazines and photographs of this kind be allowed?
ANSWERED BY THE DEPUTY MINISTER OF JUSTICE,
MR. KRISTAQ TRAJA
First I want to stress that the journalist’s status and the press law have not been delayed. This is because the entire system for administering press activity in Albania until two months ago was based on the old legislation, for a society without a free press. It has happened that with the creation of the new situation and of independent newspapers, new legal needs have also arisen. Therefore it is natural that drafting such a law and the journalist’s status requires time, study and consultations.
I think that in our country new, previously unforeseen things are arising every day in the field of the press. As a result, our society and its institutions need to clearly define the limits of freedom and responsibility. The press law and the journalist’s status will help in this direction, but they must not be instruments of censorship. On the contrary, they should guarantee freedom of expression, the right to information and the protection of personality.
From this point of view, their approval should be done as quickly as possible, but without blind haste. Any text that is issued must be clear, workable and in line with democratic principles. If we rush without reflection, we risk ending up with a weak law or with provisions that later will create obstacles for the free press.
As for the question of pornographic films, magazines and photographs, this is an issue that touches not only freedom, but also public morals and the protection of minors. It cannot be answered with a simple yes or no. One must see how legislation treats this problem, what the international standards are, and what interests of society require protection. Freedom is not a license to damage social life.
Therefore it is necessary that clear rules also exist here. They should not arbitrarily prohibit creativity or the circulation of publications, but should set limits where public morals are harmed or where minors are damaged. In any case, this field requires legal care and serious public debate.
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My former engineer colleagues deny it and lie!
— To clarify the reasons we mention regarding this matter, we must tell you another time that in “Koha Jonë”, on 1 June, under the title “Albania of the Christian Democrats or an anti-Albanian and anti-national organization”, an article signed Aida was published. That is a serious slander. The writer of the article Aida has become a tool in the hands of slanderers and the organizers of a campaign to discredit the initiators of the organization of “New Albania”, who came forward boldly before public opinion.
In this context we have been forced to give clarifications. On 15 May 1992 a meeting was held with several former engineer colleagues, where discussions were made about organizational problems and the political situation. Afterwards an initiating committee was created. However, after this, some people began to withdraw and to throw mud on the work that had begun. They, instead of taking responsibility for their words and actions, came out in the press with untrue accusations.
We are determined to clarify to public opinion that no one has the right to distort the facts. The deniers do not stop at simply rejecting what has been said, but go on to open lies. This does not serve either pluralism or civic debate. On the contrary, it creates confusion and artificial hostility.
If there are political or ideological objections, they should be expressed openly and with arguments. We do not accept that discussions held in social or professional circles should later be used in a distorted way for propaganda purposes. This is unacceptable.
We remain open to public debate, but not to slander. Public opinion must understand that behind these denials lie certain interests and attempts to obstruct a civic initiative.
(To be continued on page 2)
NOTICE
To private press agencies in all districts
As you announced in the latest issue of our weekly newspaper “Koha Jonë”, together with the daily newspapers “Shkodra”, “Vlorë”, “Bujku”, “Republika”, etc., we began in March to distribute the newspaper throughout the country. This goal includes the creation of private press agencies in the districts, where the interest of many people has been great.
From the requests submitted by many individuals, it is not possible for us to accept everyone. Therefore priority will be given to those persons who meet these conditions:
To be over 18 years old.
To be able to read and write well.
To have minimum financial means.
To have a suitable place for selling.
Not to have been convicted of theft or fraud.
Those interested may present themselves at our editorial office or send a letter with their details.
EDITORIAL OFFICE
ALEXANDËR IVANCAJ
...the activity must be declared, since you who are MM, A-Z, B-K, and so on, we ask to start as we felt signatories in Lasi.
It took some time for a meeting and a newspaper, saying that in this meeting many persons took part as then after 70, it is written to formulate us as then after 70, it is written said by him. Say that the article has made a mistake, perhaps intentionally?! you know that such an initiator. I came to the matter of a person and a vigil?! but I do not call him a representative because there are many such, not with one finger. They seek to be all equal.
And A. Frangaj loves the signatories. It is hard to learn. Read those after 70, do this, even someone seems to be E. These are doing this, even someone seems to be E. These are doing this.
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