Back Freedom of Expression and Defamation by Tarlach McGonagle published in Albanian language

Image © Murat Cankoçak

Image © Murat Cankoçak

A new practical tool for the Albanian judiciary is added to the literature on Freedom of Expression in Albanian. Freedom of expression is a fundamental freedom, one of the cornerstones of democracy in Europe, enshrined in various key texts, including the European Convention on Human Rights. But the boundaries between freedom to criticise and damaging a person’s reputation are not always very clear. By defining public insults and defamation, the law can set limits on freedom of expression, which is neither absolute nor boundless. But how far can it go?

This study examines the details of the European Court of Human Right’s case law on defamation. It explores a range of substantive and procedural issues that the Court has considered, and clarifies the concept of defamation, positioning it in relation to freedom of expression and public debate. It explains how overly protective defamation laws can have a chilling effect on freedom of expression and public debate, and discusses the proportionality of defamation laws and their application.

The publication is translated and published under the joint EU/CoE project "Strengthening Judicial Expertise on Freedom of Expression and Media in South East Europe (JUFREX)".

The new publication can be accessed for free with this link.

12 October 2018
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"Everyone has the right to freedom of expression"

Art. 10 European Convention on Human Rights

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