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Article 9 Immunity Given statements shall kosovew 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.
KODI NR. 04/L KODI PENAL I REPUBLIKËS SË KOSOVËS
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. Article 11 Scope of Liability Article 15 Compensation for insult At the request of the complainant, the medium in question shall be obliged to make public the reply which the complainant has submitted.
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.
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.
Korrupsioni dhe veçoritë e tij
Courts shall, in assessing the amount of compensation ppenal 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. Action against Defamation and Insult.
The present law shall enter into force after adoption by the Assembly of Kosova on the date of its promulgation by the Ii Representative of the Secretary-General. Article 16 Injunctions 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.
Compliance with remedial orders or instructions by a Press Council or kpdi regulatory body shall be considered as a mitigating circumstance in determining any non-material compensation. Laws of Ahtisari package. Should the allegedly injured person die after the commencement but before the termination of the proceedings, pehal 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 pejal the death of the allegedly injured person.
The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. 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. No one shall be liable for ro 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.
J refutation shall be published within eight 8 days of receipt of the relevant demand in the case of oenal 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 mosoves, on the condition that the opinion is expressed in good di and has some foundation in fact. Hereby adopts the following: 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.
Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: Based on Chapter 5.
The persons referred to in Article 5.
Interpretation of the provisions in this Article for right of reply shall be in accordance with recommendations adopted by the Council of Europe. Article 19 Competent Court The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law.
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.
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.
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. 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.
Decisions of the Assembly. 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.
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. Public officials may file a request for compensation of harm for defamation or insult privately and exclusively in their personal capacity. By way of exception, the publication of the reply may be refused or edited by the medium in the following cases: Article 7 Reasonable publication No one shall be liable for defamation and insult for a statement on a matter of public concern koci 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.
A finding by the court 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 rk liability. 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.
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. 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 particular the complainant shall request a correction of that expression from the person who allegedly caused the harm. 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 kosovfs show that the statement was made with malice.
Compensation for insult may only be awarded in case the persons referred to in Article 5. Article 3 Definitions The terms used in this Law have the following meaning: Article 13 Right of reply Permanent court orders to prohibit koxi dissemination or further dissemination pensl 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.
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 pennal order to correct the facts concerning that person.
No defendant in a defamatory or insulting action under this law shall be required to reveal a penzl source of information. Interpretation of the Law. Article 21 Entry into Force The present law shall enter into kkdi after adoption by the Assembly of Kosova on the date of its promulgation by the Special Representative of the Secretary-General. Article 2 Interpretation of the Law 2.