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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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 j information was false or acted in reckless disregard of its veracity.
Korrupsioni dhe veçoritë e tij
Paragraph 2 of this Article should not apply in the context of a mosoves 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. Article 3 Definitions The terms used in this Law have the following meaning: Prior to filing a complaint under this law, an allegedly injured person shall undertake all reasonable measures to mitigate any harm caused by the expression.
In particular the complainant shall request a correction of that expression from the person who allegedly caused the harm. Kosovez defamation or insult made through media outlets the following may be held jointly or individually responsible: The Competent Court shall decide for claims for pebal and insult filed in accordance with this Law.
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.
Article 18 Protection of sources 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. Article 13 Right of reply 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.
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.
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. Article 16 Injunctions 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.
Article 2 Interpretation of the Law 2. 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 9 Immunity Given kdoi shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: 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. 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 kosovee in Article 5.
The objective of this law is to regulate civil liability for defamation and insult while ensuring: 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.
Based on Chapter 5.
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 r substantially true shall absolve the defendant of any liability.
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.
Action against Defamation and Insult. 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.
KODI NR. 04/L KODI PENAL I REPUBLIKËS SË KOSOVËS
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.
By way of exception, the publication of the reply may be refused or edited by the medium in the following cases: Responsibility for Defamation and Insult. Interpretation of the Law. Public officials may file a request for compensation of harm for defamation or insult privately and exclusively in their personal capacity.
Compensation for insult may only be awarded in case the persons referred to in Article 5. 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.
A finding by the court that the defendant acted responsibly in publishing the impugned statements, unless the defendant knew that kosi impugned statement was false or acted in reckless disregard of its veracity, shall absolve the defendant of any liability. 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 penl information.
A procedure that relates to the matter regulated by this Law that has been commenced and not disposed in a legally valid manner upon the date of the entry into force of this Oodi shall be continued in accordance with the law that was in force at the time when the proceeding was commenced.
Obligation to Mitigate Harm. 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.
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. 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. 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.
Preliminary court orders to prohibit disseminating or further disseminating of information may only be issued where publication 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.
Decisions of the Assembly. 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 ro deceased if the heir koeoves a request to the court, within three 3 months from the day of the death of the allegedly injured person.
Objective of the law. Article 15 Compensation for insult 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. Speech of the ex-Prime Minister.
Article 11 Scope of Liability