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ARTICLE 19 releases today ‘/Concerns over the Retention of Criminal Defamation in South East Europe,’/ a report examining the progress made by Albania, Serbia and Montenegro, including Kosovo, and Romania against international best practice on defamation.

*31 October 2005*

*ARTICLE 19 expresses concerns over the Retention of Criminal Defamation 
in South East Europe*

ARTICLE 19 releases today ‘/Concerns over the Retention of Criminal 
Defamation in South East Europe,’/ a report examining the progress made 
by Albania, Serbia and Montenegro, including Kosovo, and Romania against 
international best practice on defamation (attached).

ARTICLE 19 notes with concern that all five countries/regions still 
retain defamation provisions in their Criminal Codes, and that 
defamation laws continue to be used by politicians in the region to 
shield themselves against criticism from the media, in contravention to 
European Court of Human Rights jurisdiction.

The organisation welcomes recent developments in* Albania* and* Kosovo* 
which have led to realistic prospects for a full decriminalisation of 
defamation in the near future, but warns that, although* Montenegro*,* 
Romania* and* Serbia* have abolished prison sentences in defamation 
cases, prohibitively high fines still exercise a chilling effect on 
journalists and underline the need for more profound reforms.

An international trend towards the repeal of criminal defamation laws is 
currently emerging, with the complete decriminalisation of defamation in 
a number of countries, such as Bosnia and Herzegovina, Ukraine, Georgia, 
Ghana, Togo, Central African Republic, Argentina and Peru. The UN 
Special Rapporteur on Freedom of Opinion and Expression and the OAS 
Special Rapporteur on Freedom of Expression have repeatedly stated that/ 
criminal defamation provisions are not a justifiable restriction on 
freedom of expression/. The OSCE Representative on Freedom of the Media 
has also appealed to all European countries to repeal their criminal 
defamation and insult laws.

*ARTICLE 19 urges Montenegro and Serbia to also initiate relevant legal 
reforms, and strongly encourages Kosovo, Albania and Romania to complete 
the process towards full decriminalisation of defamation, in line with 
the above-mentioned trend.*

_For further information or interviews, please contact:_
Luitgard Hammerer, Europe Programme Director
Tel: +44 207 2789292 Email:_ luitgard@article19.org_

Federica Prina, Europe Programme Officer
Tel: +44 207 2789292 Email:_ federica@article19.org___
<<Defamation in SEE.brief.Oct05.final.doc>>