The new media law as a solution to blackmailers, defamers and fines

2023-08-08 18:00:00, Editorial REDAKSIONALE

The latest case of denunciation made by businessman Gjergj Luca, who bravely went before SPAK and challenged the journalists who had blackmailed, threatened or fined him, telling them where you have the facts and evidence you write, come here and let's enter SPAK together and hand them over to the prosecutors. No one spoke. No one showed up, on the contrary, they started making fun of him, but Luca said one thing, I will invite businessmen, citizens, journalists and activists to change the media law and finally have a real law, a necessity of the time.

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A few years ago, Rama started a procedure to make a new law for online media, but it was never done with the hope that the market would self-regulate. In fact, the market has not had self-regulation, but there has been simply and only distraction, fines, blackmail, threats, since a fool can have an online space and bear no responsibility, but it cannot be called media.

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October 19, 10:15

AKEP must act and AMA must have its responsibility for this. There are some concrete proposals for this, taking data from the Italian system and how it works, or the German one.

First, the law will have to be clear about the responsible institutions, AMA, AKEP and KKB. In order to have a media or an online portal to exercise activity, you must have the editor-in-chief registered in AMA, the domain manager in AKEP and the administrator in QKB, all three with clear legal responsibilities.

So the editor-in-chief should also have certain legal responsibilities for the penalties that are fines, or the domain holder, who should also have responsibility for the penalties registered in AKEP and the administrator who has the legal responsibility for administration in the KKB.

These 3 data must be officially made public by the relevant institutions, but also on the website, television, portal, or online news agency. Time must be determined and the reaction that the institutions must have, this can go from 48 to 72 hours and AKEP has the opportunity to delete, block those writings and in the relevant link to issue the fake advertisement, defamation, insult

Journalists' associations should be involved in this project, which unfortunately have turned into sleeper associations and like party leaders, they have their whole lives in charge and do not react, but only when someone has a big problem, which should come together in a union, where there should be an online page, where all court decisions for defamers, insults and media fines will be published, as there are dozens of such in courts that are made public, but that people do not know .

They should be published there for citizens to know who is the real media, who is slanderous and where they should go to read. Also, the media itself should have its own board for all associations to give their reactions in case of court decisions and to denounce them themselves when there is blackmail, slander, insults and untruths.

The new media law as a solution to blackmailers, defamers and fines

On the other hand, the Penal Code should be tougher on insult and defamation, especially for the media. In the first cases there may be a fine, which must start at no less than 10 million ALL, the fine must be collected no later than 3 months and in case of repetition start from 50 million ALL up to one year of imprisonment , as Germany has.

So, complete legal procedures must be with editor-in-chief, administrator and domain holder registered with correct and verified addresses. If possible, it could also be a verified legal guardian. So, officially in AMA, in addition to the editor-in-chief, there should also be another legal responsible person, in addition to the administrator, with a correct and verified address, so that in the event that this person does not appear in court for one or two sessions, the trial begins without his participation, since is considered notified with the number and address provided with the AMA.

So online media should register with the AMA, get interested and get notice there in court cases. This is because it often happens that the notifier or the mail cannot be found at the address. They send you to the address and AMA according to the address you have a section to notify them, either by e-mail or with the correct phone numbers. Otherwise, in case of non-appearance, the legal procedure will continue.

These are some of the points that can regulate the market, since self-regulation already does not work. It should go further and all be registered, as we pointed out above.

Who does not agree to register, who does not have declarations of the shareholder, the editor-in-chief in AMA and the representative of the domain, these declared also with the Taxes with the relevant salaries, with the insurances, especially with the staff, then these media should not be allowed to have access to the Republic of Albania.

And also, a certain structure of AKEP and AMA should report these to all their sisters in the European Union, also connecting cooperation to make the closure through ISPs of these domains or sites, such as terrorist or pornographic sites.

The assessment of closure is made by the court in ongoing cases of blackmail, defamation, insult, according to the court's decision.

The new media law as a solution to blackmailers, defamers and fines

So, the first time is a warning with a fine from 10-50 million, the second time ranges from 50 million to one year in prison and in case of repetition of the third time, since media and journalism organizations are involved, the persons responsible, or the responsible person, the domain is closed and they bear criminal responsibility, perhaps many times even more severe.

But setting the correct address, speeding up court proceedings by going with notification directly from AMA, closing domains from AKEP and keeping the domain buyer or its administrator legally responsible will solve quite a bit in in connection with the problem of the media, which has already been criminalized through blackmail, defamation, insults and fines that start with business, with state officials and up to clashes with colleagues and the media, which do not share the same political opinion, or denounce corrupt affairs and certain journalists find refuge among the beneficiaries of thefts and abuses committed by state institutions.

A change in the media law and such an initiative would give another way to the online media, the press, televisions to show who are the real journalists, who are the blackmailers and finesters who use the legal spaces to avoid going to the courts , not to appear and not to face the justice bodies./ CNA