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, to 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 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 penall reasonable care to avoid publishing the material.
Action against Defamation and Insult.
Article 7 Reasonable publication No one shall be liable for defamation and insult for a statement on a matter of public concern if they establish that ii 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 kosofes timely information relating to such matters.
Article 3 Definitions The terms used in this Law have the following meaning: Decisions of the Assembly.
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. No defendant in a defamatory or insulting action under this law shall be required to reveal a confidential source of information.
Korrupsioni dhe veçoritë e tij
Article 18 Protection of sources 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. Public authorities are barred from filing a request for compensation of harm for defamation or insult.
In particular the complainant shall request a correction of that expression from the person who allegedly caused the harm. 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.
Article 2 Interpretation of the Law 2. The Competent Court shall decide for claims for defamation and insult filed in accordance with this Law. Should the allegedly injured pena, 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 13 Right of reply Based on Chapter 5.
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. 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 kosi statement of facts is substantially true shall absolve the defendant of any liability.
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 koosves harm to the reputation of the heir.
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.
By way of exception, the publication of the reply may be refused or edited by the medium in the following cases: 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 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.
Objective of the law. 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.
Article 11 Scope of Liability Laws of Ahtisari package. Responsibility for Defamation and Insult. The persons referred to in Article 5. 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.
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.
KODI NR. 04/L I PROCEDURES PENALE
The terms used in this Law have the following meaning: Article 9 Immunity Given statements shall not be liable under this law if the defendant shows that they were made in any of the following circumstances: 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 oodi order to correct the facts concerning that person.
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.
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. 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.
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. 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. 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 kowoves.
Public officials may file a request for compensation of harm for defamation or insult privately and rii in their personal capacity.