The Center for Science and Innovation for Development (SCiDEV) has published an independent legal analysis of the draft Penal Code, focusing on provisions that directly affect freedom of expression, media freedom, and the role of public watchdogs. The study builds on six years of joint advocacy, focus groups, and data collection with the SafeJournalists Network, including the Indicators on Media Freedom and Journalists’ Safety and thematic reports on the safety of women journalists.
The analysis identifies major risks in several provisions. Expanded criminal liability for defamation and insult, through vague definitions and harsher sanctions, threatens to chill investigative journalism and silence critical voices. Article 515 on the disclosure of secret acts could penalise the publication of information of clear public interest and, in cases where fines cannot be paid, even result in the closure of media outlets. Article 536 on influence on the judiciary is drafted in terms that could criminalise legitimate commentary on ongoing trials, while Article 235 on desecration of the Republic and its symbols extends protections to institutions and officeholders in a manner inconsistent with European standards, endangering satire and political debate. This is entirely in line with the joint statement of the SafeJournalists Network, partners of Media Freedom Rapid Response, and Albanian CSOs in early August 2025 regarding the draft penal code.
As partners in this analysis, the SafeJournalists Network reiterates that expanding criminalisation does not protect media integrity. The real challenges stem from corruption, political influence, and the lack of effective ethical frameworks. These require systemic reforms and stronger guarantees for journalists’ safety, not harsher sanctions against speech. The report will be submitted as part of the public consultation process, and we urge the Ministry of Justice, Parliament, and all relevant stakeholders to consider these findings to ensure that Albania’s legal framework aligns with European standards and ECtHR jurisprudence.