OSCE media freedom representative express concern over 'chilling effect' of libel damages awarded to Albanian politician

VIENNA, 29 June 2010 - The OSCE Representative on Freedom of the Media, Dunja Mijatovic, expressed concern today over libel damages that a national broadcaster in Albania has been ordered to pay to a politician, saying the fine was disproportionately high.

In a letter to Albanian Foreign Minister Ilir Meta and Justice Minister Bujar Nishani, she emphasized that "moral damages awarded should be proportionate to the actual harm and the economic situation of the media or journalist concerned and should not lead to a 'chilling' effect on the media".

On 18 June, the Tirana District Court ordered the TV station Top Channel to pay 400,000 euros in damages to former Culture Minister Ylli Pango for airing secretly filmed footage which allegedly showed the minister requesting favours in return for a ministry job and which subsequently led to his dismissal. The court argued that the footage had been obtained illegally and violated Pango's right to privacy.

"The right to privacy has to be balanced against the media's duty to inform citizens about developments which are in the public interest," Mijatovic said.

"The media's watchdog role in any true democratic society demands investigative journalism, including the scrutiny of the professional and ethical conduct of government officials. The broadcaster's reporting aimed exactly at that - it intended to shed light on the professional behavior of a public official and his alleged abuse of public positions."