Albania is currently navigating two parallel legal tracks affecting freedom of expression: the ongoing public consultation on the draft new Penal Code led by the Ministry of Justice, and a separate parliamentary initiative proposing amendments to the current Penal Code. Together, these developments have reopened the national debate on defamation, insult, and safeguards for journalists—while also creating uncertainty about the direction, timing, and coherence of reform.
Draft new Penal Code: consultation continues, no parliamentary submission yet.
The Ministry of Justice continues the public consultation on the draft new Penal Code, which includes provisions with implications for freedom of expression and defamation. Media freedom organisations, including SafeJournalists partners, have already reacted jointly to the draft and raised concerns about its potential impact on public-interest speech. The draft remains under review and has not been submitted for parliamentary adoption. The process appears to be moving more slowly than initially expected, following significant pushback from a range of stakeholders beyond the media community.
Following an alert raised on the Council of Europe Platform for the Protection of Journalism and Safety of Journalists, the Ministry of Justice issued an official response reaffirming that the draft Penal Code remains in the consultation phase and stating that comments from media, civil society, and international partners will be reviewed to ensure alignment with European standards.
Current Penal Code: parliamentary consultation on amendments touching freedom of expression
In parallel, on 15 December 2025, the Parliamentary Committee on Human Rights and Public Information Means held an open debate and consultation on proposed amendments to the current Penal Code related to freedom of expression and journalists’ protection. The draft amendments propose:
- Stricter criminal penalties for violence and serious threats committed against journalists because of their professional activity in the public interest;
- Stronger safeguards against unlawful interference with freedom of expression and media activity;
- The repeal of criminal provisions on insult and defamation, shifting these matters to civil law.
This parliamentary track has drawn greater attention to the legal framework governing defamation and journalist safety, while also underscoring the need to avoid fragmented reform across separate legal instruments.
Prime Minister’s proposal: decriminalisation of defamation for journalists only
On 16 December 2025, the Prime Minister publicly proposed decriminalising defamation exclusively for journalists, presenting the move as a measure to protect media freedom. While steps toward decriminalisation are widely seen as positive in principle, a journalist-only approach raises questions about coherence with broader reform efforts and about how the proposal would be translated into concrete legal amendments, including precise wording and safeguards consistent with European standards.
Read more here.
SafeJournalists will continue to monitor both tracks closely and contribute evidence-based feedback to support reforms that strengthen journalists’ safety, protect freedom of expression, and fully align with European standards in cooperation with our collaborator SCiDEV in Albania and other media freedom organisations in the region and the EU.