The regulatory authority is one of the areas undergoing significant change in the Albanian media scene. The purpose of this regulation is to facilitate access to the documents of the European institutions. One of the most important proposals for amending the law relates to the expansion of the subjects bound by this law.
Establishing appropriate structures to provide access to information is another issue addressed in the proposals to amend the Access to Information Act. A better definition of sanctions and remuneration procedures will also speed up and improve the implementation of the law.
Classified information
Although the ombudsman has the role of monitoring the implementation of the law, this vague definition and the lack of clear powers do not allow for a real improvement in the implementation of the law. On the other hand, granting the possibility to submit the case to the Ombudsman would further improve the chances of the citizen to receive public information without having to go to court again. The amendment to the law, which added a fourth level of secrecy to the existing ones, triggered a reaction especially from international organizations.
The bill's definition of 'restricted information' is so broad that it could render the right to information meaningless," said Darian Pavli, an expert on freedom of information law at the Justice Initiative. This new classification creates a limitless loophole for denying legitimate requests for information.”12 The government, which initiated the amendments, claimed that its sole purpose was to meet NATO requirements regarding classification of information, and the law was eventually passed in parliament.
Protection of personal data
He/she must also be informed before personal data are disclosed to third parties for direct marketing purposes, and expressly offered the right to object to such disclosures. More specifically, the reasons for the disclosure of personal data are related to the protection of aspects such as national security, defense, public safety, the prosecution of criminal offences, the important economic or financial interest of a Member State or of the European Union or the protection of the subject of data. . Another directive that adds to the protection of personal data is Directive 2002/58/EC on privacy and electronic communications, further amended by Directive 2006/24/EC.
This directive attempts to address the problems posed by technological developments in terms of breach of privacy and protection of personal data. The protection of personal data in Albanian legislation is regulated by law no. 8517, "On the protection of personal data", approved in 1999. Also, in 2004, Albania ratified the Council of Europe Convention for the Protection of Individuals in relation to Automat Processing of Personal Data.
The applicable law states that the data subject must be informed and consent to the processing and also recognizes the right to access one's own personal data and the right to object to the processing of personal data. People's Advocate is empowered by law to create a register of complaints about personal data processing. People's Advocate or another body that may assume the function of monitoring the protection of personal data.
In addition, the Albanian law only provides for the protection of personal data from processing by public authorities: "The scope of this law is to guarantee the protection and legitimate use of personal data and their processing by public authorities."14 This restriction only to public authorities is not in line with the EU -standards in this regard, which require broader protection in this area.
REGULATION ON AUDIOVISUAL POLICIES
Programs may be interrupted by advertisements, only if the integrity and value of the program is respected, while isolated advertising spots should remain the exception. With the passage of the new Directive, the daily limit of three hours of advertising has been removed, while the limit of 12 minutes per hour remains. The novelty of the new Directive is that it also prohibits the advertising of food and drink harmful to children during their programmes.
One of the main features of the TVWF directive was the broadcasting quota it imposed on national broadcasters or networks. In this quota, news and sports events do not count, and the quota can be reached gradually, depending on the strength of the country and its specific linguistic and cultural environments. Most of the legal obligations regarding program content apply to both public and private broadcasters.
Many provisions of the Radio and Television Act derive from this agreement and in a way also fulfill some requirements of the TVWF Directive, such as provisions on sponsorship, advertising, right of reply and protection of minors. Sponsors may under no circumstances interfere with the content and timing of the Sponsored Program. According to Article 52, commercials must be proportionate to the integrity of the programs they interrupt, and these corruptions must not occur more often than once every 20 minutes.
From this point of view, the quotas are in line with the TVWF Directive, although Albanian legislation has imposed stricter restrictions on radio broadcasters, who cannot devote more than 10 percent of the total broadcast time to advertisements. Cinematographic works (except in cases of agreement between the publisher and the copyright holder) may be broadcast by television stations only two years after the premiere of the work in the theaters of the country of origin. On a more positive note, Article 6 of the Digital Broadcasting Act stipulates that network operators and providers of digital broadcasting content must ensure compliance with ethical rules and encrypt or encode programs intended for specific groups.
REGULATION ON DEFAMATION
Most relevant to the defamation law examined here, this section also limits the exercise of freedom of expression “to protect the reputation or rights of others.” Therefore, the Convention generally requires a fair balance between freedom of expression and the protection of the reputation or rights of others. Consequently, the defamation laws of the signatory countries, including Albania, must attempt to achieve this delicate but essential balance between these fundamental rights.
On the road to reform,” quoted in Mediaplan Institut, “The stumble of media in times of transition,” 2005, p.159. . articulated by the European Court of Human Rights, according to which public officials must tolerate a greater degree of criticism than private persons. While journalists are increasingly aware of the limits placed on journalistic freedom for the sake of protecting individuals, they question the appropriateness of having defamation provisions in place to protect objects such as the national flag and other symbols.”19. Finally, one of the biggest controversies in this article lies in the fact that it allows individuals to sue for damages on behalf of deceased people, provided they did not receive redress when they were alive.
In addition, the symbols of the republic are still protected, but the sanction is changed to a fine only and can only be applied if the intent of the violation is proven. In order to achieve these goals, the bill enumerates the circumstances that the court must take into account when determining the defendant's liability for defamation. The changes aim to mitigate the damage, mainly by publishing rebuttals, reconciling the parties, taking into account whether the defamation was for personal gain, and the impact of compensation on the defendant's financial situation.
25 Gent Ibrahimi, “Defamation law in Albania: towards reform”, quoted in Mediaplan Institut, “The stumbling of media in times of transition”, 2005, p.169. The process of amending the Defamation Law started in early 2004 and reached its current status through a series of round tables and lobbying activities of the initiators and the working group with parliamentarians, media lawyers, journalists, editors, civil society representatives, etc. The initiative received the support of several international organizations such as the OSCE, Article 19, the Committee to Protect Journalists, etc.: “The proposed amendments to the Albanian Criminal Code and Civil Code would bring Albania closer to finding a fair balance between the right to freedom of expression and the right to reputation.”26.
REGULATION ON COPYRIGHT
¾ Reproduction rights – which allow the right of the person concerned to prohibit direct and indirect, temporary or permanent reproduction in any way and in any form, in whole or in part. It covers the authors, the artists, the phonogram producers, the producers of the first fixations of films and broadcasting organizations. ¾ Right of communication to the public – the exclusive right to authorize or prohibit the making available to the public of the works, in such a way that the members of the public can gain access to them from a place and at a time which were individually chosen by them.
It covers performers, producers of phonograms, producers of first recordings of film and broadcasting organizations. ¾ Distribution rights – the exclusive right of authors to authorize or prohibit any form of distribution to the public by sale or otherwise. The Directive also states that Member States must adopt sanctions and remedies against rights violations.
This law covers both the author's rights and other related rights, and attempts to be comprehensive in copyright protection. The term of copyright protection for literary and artistic works is extended to 70 years after the death of the author, or the death of the last surviving author. Similar protection is reserved for producers of phonograms and producers of cinematographic or other audiovisual works: the term of protection is 50 years from the first recording or public showing of the work.
These agencies should be non-profit organizations and their license from the Ministry of Culture, as proposed by the Copyright Office, is mandatory.
