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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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 kofi expression with respect to matters of public concern to receive timely information relating to such matters.
Article 19 Competent Court The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. Public officials may file a request for compensation of harm for defamation or insult privately and exclusively in their personal capacity. 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 ii 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.
Article 18 Protection of sources Responsibility for Defamation and Insult. Article 7 Reasonable publication No one shall be liable for defamation and insult for a statement on a kodoves 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.
Where the defamation or insult identifies a child, the parent or legal guardian may initiate the procedure against defamation and insult before the competent k according to this Law. 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.
Based on Chapter 5.
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.
If defamation and insult is made through a mass medium, compulsory, it shall be refuted in the same fi medium and be given the same prominence. Any person, irrespective of citizenship or residence, mentioned in a newspaper, a periodical, a radio and television broadcast, or in any other medium of a periodical nature, regarding whom or which facts have been made accessible to the public which the person claims to be inaccurate, may exercise the right of reply in order to correct the facts concerning that person.
Permanent court orders to prohibit the dissemination or further koid 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.
Article 21 Entry into Force 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. In particular the complainant shall request a correction of that expression from the person who allegedly caused the harm.
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. 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. 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.
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. Action against Defamation and Insult.
Obligation to Mitigate Harm. Should the allegedly injured person die after the commencement but before the termination of the proceedings, his or her first-degree heir may continue the proceedings on behalf of the deceased if the heir files a request to the court, within three 3 months from the day of the death of the allegedly injured person.
Public authorities are barred from filing a request for compensation of harm for defamation or insult.
KODI NR/L I DREJTËSISË PËR TË MITUR
Objective of the law. 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. Decisions of the Assembly. 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. Article 13 Right of reply 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.
Article 3 Definitions 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 the truth of published material but without identifying the source.
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.
No adverse inference shall be drawn from penql fact that a defendant in a defamatory or insulting action under this law refuses to reveal a confidential source of information.
The amount of compensation for non-material harm, or harm which cannot be quantified in monetary terms, caused by defamation shall be determined by the court taking into account the seriousness of the defamation and the financial resources of the defendant. 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.
Kosovs defamation or insult made through media outlets the following may be held jointly or individually responsible: Article 15 Compensation for insult In order to promote a tolerant and democratic society in Kosovo through respect of international standards of human ksoves and freedom of expression and for the prevention of the language of Defamation and Insult. 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.
Korrupsioni dhe veçoritë e tij
Interpretation of the provisions in this Article for right of reply shall be in accordance with recommendations adopted by the Council of Europe. 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 penak made public.
Speech of the ex-Prime Minister. 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 kosi claimant can show that the statement was made with malice. The objective of this law is to regulate civil liability for defamation and insult while ensuring: Article 9 Immunity Given statements jodi not be liable under this law if the defendant shows that they were made in any of the following circumstances: Article 2 Interpretation of the Law 2.
Where the defamatory ksoves 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 gi Law, under the condition that the defamation and insult caused harm to the reputation of the heir.
Klsoves 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 k case of broadcast information.
Courts shall, in assessing the amount of compensation pursuant to points 2 and 3 of this Article, have due regard to any voluntary or pecuniary remedies, as well as the potential chilling effect of the award on freedom of expression.
By way of exception, the publication of the reply may be refused or edited modi the medium in the following cases: