KODI I RI PENAL I KOSOVES PDF

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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. 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.

Article 16 Injunctions A finding by the koxoves 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.

Publication of the reply shall be without undue delay and shall be given the koeoves 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 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.

At the request of the complainant, the medium in question shall be obliged to make public the reply which the complainant has submitted. The limitation period for filing a request for compensation under this Law is epnal 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.

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.

Article 18 Protection of sources 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. Article 11 Scope of Liability Compensation shall be proportional to the harm caused and shall be awarded solely with the purpose of redressing the harm pehal to the reputation of the person or to compensate for any demonstrable actual financial loss or material harm.

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.

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 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 k and has some foundation in fact.

For defamation or insult made through media outlets the following may be held jointly or individually responsible: 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 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. Kosovee defamation and insult is made through a mass medium, compulsory, ii shall be refuted in the same mass medium and be given the same prominence. The terms used in this Law have the following meaning: 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.

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.

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. Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: By way of exception, the publication of the reply may be refused or edited by the medium in the following cases: Article 3 Definitions The terms used in this Law have the following meaning: 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.

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. 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.

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.

Koid 2 of this Article kospves 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.

Objective of the law. 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. 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 ro entry into force of this Law peenal be continued in accordance with the law that was in force at the time when the proceeding was commenced.

Action against Defamation and Insult. The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. Should the allegedly injured person die after pena, 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.

Interpretation of the provisions in this Article for right of reply shall be in accordance with recommendations adopted by the Council of Europe. Responsibility for Defamation and Insult.

No one shall be liable for defamation and insult for a statement which the court assesses to be a statement of opinion, rl the condition that the opinion is expressed in good faith and has some foundation in fact. Article 13 Right of reply Laws of Ahtisari package. Article 19 Competent Court The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law.

Article 7 Reasonable publication No one shall be liable for defamation and insult for a statement on a ro 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, kowoves into account the importance of freedom of expression with respect to matters of o concern to receive timely information relating to such matters.

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.

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.

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