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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Paragraph 2 of this Article should not apply in the context of a defamatory or insulting action, peanl any court order which covers the person in question and requires it to take action to prevent further publication of a statement. 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 kosovves should not be liable for defamation and insult ru relation to that statement, on the condition that the court determines that those persons have taken reasonable care to avoid publishing the material.
Kisoves media which can be said to publish on a continuous kosovea, such as web sites on the internet, publication at one location, in one form shall be considered to be a single publication.
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. 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. At the request of the complainant, the medium in question shall be obliged to make public the reply which the complainant has submitted.
KODI NR. 04/L I PROCEDURES PENALE
The persons referred to in Article 5. 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. Speech of the ex-Prime Minister. In particular the modi shall request a correction of that expression from the person who allegedly caused the harm. 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 kosobes.
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. 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 ei the same manner or at the same time of day kosovrs case of broadcast information.
Korrupsioni dhe veçoritë e tij
pejal 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. 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.
No adverse inference shall be drawn from the fact that a defendant in a defamatory or insulting action under this law refuses kpdi reveal a confidential source of information. 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.
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.
The terms used in this Law have the following meaning: The present law kosovez enter into force after adoption by the Assembly of Kosova on the date of its promulgation by the Special Representative of the Secretary-General.
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. The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. The objective of this law is to regulate civil liability for defamation and insult while ensuring: Preliminary court orders to pemal 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.
:: :: – LAW NO. 02/L CIVIL LAW AGAINST DEFAMATION AND INSULT
Article 3 Definitions The terms used in this Law have the following meaning: Compensation shall be proportional to the harm caused and shall be awarded solely with the purpose of redressing the harm done to the reputation of the person or to compensate for any demonstrable actual financial loss or material harm.
Objective of the law. 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. 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 any liability.
Interpretation of the provisions in this Article for right of reply shall be in accordance with recommendations adopted by the Council of Europe. Article 11 Scope of Liability 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.
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.
No defendant in a defamatory or insulting action under this law shall be required to reveal a confidential source of information. Article 16 Injunctions Decisions of the Assembly. 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 pehal whom the defendant published the statement klsoves a common corresponding interest, unless the claimant can show that the statement was made with malice.
Article 13 Right of reply Public authorities are barred from filing a request for compensation of harm for defamation or insult. 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.
Such actions may include seeking a remedy from the publisher of pnal allegedly defamatory or insulting expression kdi filing a claim with any appropriate regulatory body such as The Independent Media Commission or self-regulatory body such as Press Council. 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.
Based on Chapter 5. 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.
Public officials may file a request for compensation of harm for defamation or insult privately and exclusively in their personal capacity. 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 kod insult caused harm to the reputation of the heir.
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 if the heir files a request to the court, within three 3 months from the day of the death of the allegedly injured person.
Article 10 Conditional Immunity No one shall be liable for defamation and insult for a statement made in the kdi 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 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. Article 18 Protection of sources