Session
Law
Description
Freedom of expression is a fundamental human right, this right is guaranteed by the domestic law the legislation of the Republic of Kosovo and with international documents. In the Republic of Kosovo, this institute has been regulated through the Constitution of Kosovo where Article 40 stipulating that this right includes the right to express, to distribute and receive information, thoughts and other messages, without being obstructed by anyone, and that this right can only be limited by the Law.
Through international documents it is determined that this right belongs to the group of fundamental human rights, so that freedom of thought and expression is determined, so that the Universal Declaration has defined this guaranteed right and obligation to be implemented. Such a regulation has been further defined by the European Convention on Human Rights, which has determined that the right to free expression is an elementary right and a fundamental criterion of respect for democracy.
It is also stipulated that the limitations to be envisaged in law, for a limited purpose and necessary in a democratic, proportionate and non-discriminatory society, including the maintenance of morals, the preservation of reputation and the rights of others, and the preservation of impartiality independence of the judicial system.
In the Republic of Kosovo, freedom of expression includes two mechanisms:
Free expression through audio-visual media, televisions, in the way of expressing thought through verbal declarations and through written and electronic media where the manner of declaration is made through a written record.
In cases that the subject of the right alleges that through any form of declaration of the other subjugation has been defamation or offense there are legal possibilities that through the use of remedies to claim damages or compensation of the damage.
This is regulated through the Media Council, written representatively to the Independent Media Commission.
Also, the Republic of Kosovo has approved the Law on the Expulsion and Insult, through which the right to freedom of expression, its overcoming and the way of compensation for damage is regulated in detail.
Session Chair
Jorida Xhafaj
Session Co-Chair
Albulena Ukimeraj
Proceedings Editor
Edmond Hajrizi
ISBN
978-9951-550-19-2
Location
Pristina, Kosovo
Start Date
26-10-2019 1:30 PM
End Date
26-10-2019 3:00 PM
DOI
10.33107/ubt-ic.2019.35
Recommended Citation
Shefqeti, Florim H., "Freedom of expression, libel and insult and compensation of damage" (2019). UBT International Conference. 35.
https://knowledgecenter.ubt-uni.net/conference/2019/events/35
Included in
Freedom of expression, libel and insult and compensation of damage
Pristina, Kosovo
Freedom of expression is a fundamental human right, this right is guaranteed by the domestic law the legislation of the Republic of Kosovo and with international documents. In the Republic of Kosovo, this institute has been regulated through the Constitution of Kosovo where Article 40 stipulating that this right includes the right to express, to distribute and receive information, thoughts and other messages, without being obstructed by anyone, and that this right can only be limited by the Law.
Through international documents it is determined that this right belongs to the group of fundamental human rights, so that freedom of thought and expression is determined, so that the Universal Declaration has defined this guaranteed right and obligation to be implemented. Such a regulation has been further defined by the European Convention on Human Rights, which has determined that the right to free expression is an elementary right and a fundamental criterion of respect for democracy.
It is also stipulated that the limitations to be envisaged in law, for a limited purpose and necessary in a democratic, proportionate and non-discriminatory society, including the maintenance of morals, the preservation of reputation and the rights of others, and the preservation of impartiality independence of the judicial system.
In the Republic of Kosovo, freedom of expression includes two mechanisms:
Free expression through audio-visual media, televisions, in the way of expressing thought through verbal declarations and through written and electronic media where the manner of declaration is made through a written record.
In cases that the subject of the right alleges that through any form of declaration of the other subjugation has been defamation or offense there are legal possibilities that through the use of remedies to claim damages or compensation of the damage.
This is regulated through the Media Council, written representatively to the Independent Media Commission.
Also, the Republic of Kosovo has approved the Law on the Expulsion and Insult, through which the right to freedom of expression, its overcoming and the way of compensation for damage is regulated in detail.