Kosovo government Official Gazette – Gazeta Zyrtare e Qeverise se Kosoves. Verzioni i ri Kuvendi i Kosovës,. Në mbështetje të Kreut (a) dhe (a). Asociacioni i Mediave të Pavarura Elektronike të Kosovës. AGPK .. burg për veprat penale të shpifjes dhe fyerjes, Kodi i ri Penal i miratuar në vitin a) sistemin zgjedhor për zgjedhjet për Kuvendin e Republikës së Kosovës; . “ Tribunali” do të thotë Tribunali Penal Ndërkombëtar për ish-Jugosllavinë (TPNJ); .. Kodi i Sjelljes për subjektet politike dhe mbështetësit e tyre dhe kandidatët lokacionin origjinal të QV-së duke këshilluar votuesit për lokacionin e ri të QV -së.
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Article 10 Conditional Immunity No one shall be liable for defamation and insult for a statement made in the performance of a legal, moral or social duty relating to a matter in respect of which the defendant and those to whom the defendant published the statement had a common corresponding interest, unless the claimant can show that the statement was made with malice.
No adverse inference shall be drawn from the fact that a defendant in a defamatory or insulting action under this law refuses to reveal a confidential source of information.
A person should not be deemed to have adopted a statement for purposes of paragraph 2 of this Article simply because someone has alleged that the statement is defamatory and insulting. Where the defamation or insult identifies a child, the parent or legal guardian may initiate the procedure against defamation and insult before the competent court according to this Law. The present law shall enter into force after adoption by the Assembly of Kosova on the date of its promulgation by the Special Representative of the Secretary-General.
Compliance with remedial orders or instructions by a Press Council or relevant regulatory body shall be considered as a mitigating circumstance in determining any non-material compensation.
Compensation for insult may only be awarded in case the persons referred to in Article 5. Such actions may include seeking a remedy from the publisher of an allegedly defamatory or insulting expression and filing a claim with any appropriate regulatory body such as The Independent Media Commission or self-regulatory body such as Press Council.
Compensation shall be proportional to the harm caused and shall be awarded solely with the purpose of redressing the harm done to the reputation of the person or to compensate for any demonstrable actual financial loss or material harm. Preliminary court orders to prohibit disseminating or further disseminating of information may only be issued where penaal has already occurred and the allegedly injured person can make probable with virtual certainty that the information caused harm to his or her reputation and that the allegedly injured person will suffer irreparable harm as a result of further dissemination.
Courts shall, in assessing kosi amount kosves compensation pursuant to points 2 and 3 of this Article, have due regard to any voluntary or pecuniary remedies, koei well as the potential chilling effect of the award on freedom of expression.
The persons referred to in Article 5. Persons whose sole function in relation to a particular statement is limited to providing technical access to Internet, to transporting data across the Internet or to storing all or part of a web site should not be liable for defamation and insult in relation to that statement, on the condition that the court determines that those persons have taken reasonable care to avoid publishing the material.
Article 3 Definitions The terms used in this Law have the following meaning: Speech of the ex-Prime Minister. Laws of Ahtisari package. No one shall be liable for defamation and insult for a statement which the court assesses to be a statement of opinion, on the condition that the opinion is expressed in good faith and has rii foundation in fact.
Permanent court orders to prohibit the dissemination or penap dissemination may only be applied to the specific expression found to be defamatory or insulting and to the specific author or mass medium making or disseminating the expression.
Interpretation of the provisions in this Article for right of reply shall be in accordance with recommendations adopted by the Council of Europe.
Prior to filing a complaint under this law, an allegedly injured person shall undertake all reasonable measures to koosves any harm caused by the expression.
Article 2 Interpretation of the Law 2. In all actions for defamation and insult, except those involving matters of public concern, the defendant shall carry the burden of proving the veracity of an impugned statement, and a finding by the court that the statement of facts is substantially true shall absolve the defendant of any liability. Based on Chapter 5. For media which can be said to publish on a continuous basis, such as web sites on the internet, publication at one location, in one form shall be considered to be a single publication.
Public authorities are barred from filing a request for compensation of harm for defamation or insult. No one shall be liable for defamation and insult for a statement on a matter of public concern if they establish that it was reasonable in all the circumstances for a person in their position to have disseminated the material in good faith, taking into account the importance of freedom of expression with respect to matters of public concern to receive timely information relating to such matters.
Paragraph 2 of this Article should not apply in the context of a defamatory or insulting action, to any court order which covers the person in question and requires it to take action to prevent further publication of a statement.
No defendant in a defamatory or insulting action under this law shall be required to reveal a confidential source of information. In making a determination of compensation, the court is obliged to have regard for all of the circumstances of the case, particularly any measures undertaken by the persons referred to in Article 5.
Where the defamatory or insulting information identifies a deceased person, the first-degree heir of that person may initiate the procedure against defamation and insult before the competent court according to this Law, under the condition that the defamation and insult caused harm to the reputation of the heir. The limitation period for filing a request for compensation under this Law is three 3 months from the day that the allegedly injured person knew or should have known of the expression and the identity of the author, and shall in any event not exceed one 1 year from the day that the expression was made public.
Korrupsioni dhe veçoritë e tij
Article 18 Protection of sources Compensation for actual financial loss or material harm caused by a defamatory statement shall be awarded by the court only where that loss is specifically established. The refutation shall be published within eight 8 days of receipt of the relevant demand in the case of daily newspapers on the same page where the defamation and insult was published, in the next issue of a periodical or a telegraph agency and within eight 8 days in the same manner or at the same time of day in case of broadcast information.
Article 7 Reasonable publication No one shall be liable for defamation and insult for a statement on a matter of public concern if they establish that it was reasonable in all the circumstances for a person in their position to have disseminated the material in good faith, taking into account the importance of freedom of expression with respect to matters of public concern to receive timely information relating to such matters.
Public officials may file a request for compensation of harm for defamation or insult privately and exclusively in their personal capacity. The court shall determine whether the offer or provision by the defendant of a right of reply, correction, retraction, or apology was a sufficient remedy to satisfy the complaint, and whether such remedy may constitute a mitigating circumstance in any assessment of amount of damages.
Where the defamation or insult relates to a matter of public concern or the injured person is or was a public official or is a candidate for public office, there may only be responsibility for defamation or insult if the author knew that the information was false or acted in reckless disregard of its veracity.
In order to promote a tolerant and democratic society in Kosovo through respect of international standards of human rights and freedom of expression and for the prevention of the language of Defamation and Insult. Objective of the law. This Law shall be interpreted so as to ensure that the application of its provisions maximizes the principle of freedom of expression in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, as elaborated in the case law of the European Court of Human Rights.
Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: Article 19 Competent Court The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law.
For defamation or insult made through media outlets the following may be held jointly or individually responsible: No one shall be liable for defamation and insult for a statement of which he or she was not the author, editor, or publisher and where he or she did not know and had no reason to believe that what he or she did contributed to the dissemination of the defamatory and insulting statement.
Responsibility for Defamation and Insult. At the request of the complainant, the medium in question shall be obliged to make public the reply which the complainant has submitted. Publication of the reply shall be without undue delay and shall be given the same prominence as was given to the information containing the facts claimed to be inaccurate.
KODI NR. 04/L KODI PENAL I REPUBLIKËS SË KOSOVËS
The terms used in this Law have the following meaning: The court may require the defendant in a defamatory or insulting action under this law to disclose information relevant to determining ru truth of published material but without identifying the source. A finding by the court that the defendant acted responsibly in publishing the impugned statements, unless the defendant knew that the impugned statement was false or acted in reckless disregard of its veracity, shall absolve the defendant of any liability.
In particular the complainant shall request a correction of kosovea expression from the person who allegedly caused the harm.
Article 15 Compensation for insult The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. Article 8 Opinions No one shall be liable for defamation and insult for a statement which the court assesses to be a statement of opinion, on the condition that the opinion is expressed in good faith and has some foundation in fact.