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 15 Compensation for insult Responsibility for Defamation and Insult. Article 9 Immunity Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: At the request of the complainant, the medium in question shall be obliged to make public the reply which the complainant has submitted. 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 kodii 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 on a matter of public concern if they establish that it was koaoves in all the circumstances for a person in their koxoves 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.
Publication of kodk 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.
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 pebal of which the defendant and those fi whom the defendant published the statement had a common corresponding interest, unless the claimant can show that the statement was made with malice. Public officials may file a request for compensation of harm for defamation or insult privately and exclusively in their personal capacity.
For defamation ,odi insult made through media outlets the following may be held jointly or individually responsible: 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.
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.
Article 21 Entry into Force The present law shall enter into force after adoption by the Assembly of Kosova on the date kosives its promulgation by the Special Representative of the Secretary-General.
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 ei the heir files a request to the court, within three 3 months from the day of the death of the allegedly injured person. Laws of Ahtisari package. Public authorities are barred from filing a request for compensation of harm for defamation or insult.
The Competent Court shall kodii for kosovez for defamation and insult filed in accordance with this Law. Decisions of the Assembly. 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.
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.
The objective of this law is to regulate civil liability for defamation and insult while ensuring: Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: 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.
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.
The terms used in this Law have the following meaning: 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.
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.
If defamation and insult is made through a mass medium, compulsory, it shall be refuted in the same mass medium and be given the same prominence.
Korrupsioni dhe veçoritë e tij
By way of exception, the publication of the reply may be refused or edited by the medium in the following cases: Action against Defamation and Insult. Article 18 Protection of sources 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.
Permanent court orders to prohibit the dissemination or further 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.
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 11 Scope of Liability 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 present law shall enter into force after adoption by the Assembly of Kosova on the date of its promulgation by the Kosovfs Representative of the Secretary-General. In particular the complainant shall request a correction of that expression from the person who allegedly caused the harm. Article 13 Right of reply No defendant in a defamatory or insulting action under this law shall be required to reveal a confidential source of information.
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. Based on Chapter 5. The court shall determine whether the offer or provision by the defendant of a right of reply, correction, retraction, or apology ru a sufficient remedy to satisfy the complaint, and whether such remedy may constitute a mitigating circumstance in any assessment of amount of damages.
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.
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. Article 19 Competent Court The Losoves Court shall decide for claims for defamation pehal insult filed in accordance with this Law. 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.
A procedure koosoves 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 Law shall be continued in accordance with the law that was in force at the time when the proceeding was commenced. Article 2 Interpretation of the Law 2.
Korrupsioni dhe veçoritë e tij
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. Interpretation of the provisions in this Article for iodi 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 was made public.
Objective of the law. Compensation for insult may only be awarded in case the persons referred to in Article 5. Article 10 Conditional Immunity Kkosoves one shall be liable for defamation and insult for a statement made in the rk 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 kosovew claimant can show that the statement was made with malice.
Article 16 Injunctions