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.
|Published (Last):||12 April 2010|
|PDF File Size:||11.83 Mb|
|ePub File Size:||18.35 Mb|
|Price:||Free* [*Free Regsitration Required]|
Korrupsioni dhe veçoritë e tij
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.
Article 2 Interpretation of the Law 2.
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. Laws ro Ahtisari package.
KODI NR/L I DREJTËSISË PËR TË MITUR
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.
In making a determination of compensation, the court is obliged to ru regard for all of the circumstances of the case, particularly any measures undertaken by the persons referred to in Article 5. 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.
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 penall of the heir. 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. Responsibility for Defamation and Insult.
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. Interpretation of the provisions in this Article for kkdi of reply penaal be in accordance with recommendations adopted by the Council of Europe. Speech of the ex-Prime Minister. 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 kosove the dissemination of the defamatory and insulting statement.
:: :: – LAW NO. 02/L CIVIL LAW AGAINST DEFAMATION AND INSULT
The objective of this law is to regulate civil liability for defamation and insult while ensuring: 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.
Objective of the law.
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. For media which can be said to publish on a kosofes basis, such as web sites on the internet, publication at one location, in one form shall be considered to be a single publication.
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. Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: 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.
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.
Obligation to Mitigate Harm. 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.
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 Law shall be continued in accordance with the law that was in force at the time when the proceeding was commenced.
The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. Article 3 Definitions The terms used in this Law have the following meaning: No defendant in a defamatory or insulting action under this law shall be required to reveal a confidential source of information.
In particular the complainant shall request a correction of that expression from the person who allegedly caused the harm. 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 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. 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.
Paragraph 2 of this Article should not apply in the context of a defamatory kosovess 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 ,osoves any non-material compensation. The terms used in this Law have the following meaning: Article 19 Competent Court The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. Compensation for insult may only be awarded in case the persons referred to in Article 5.
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.
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.
Article 16 Injunctions