National and international standards regulating defamation & mock trial

On 22-23 February 2018, the Academy of Justice, in cooperation with the Project “Strengthening the judicial expertise on freedom of expression and media in Southeast Europe – JUFREX, organized training on: “National and international standards regulating defamation & mock trial”.  

The purpose of this training was to advance the knowledge of judges and prosecutors regarding national and international standards regulating defamation.

On the first day of the training was treated the national legal framework of the Republic of Kosovo focusing on issues such as: what is the inhibitor effect of decriminalization of defamation? Is the journalist considered as a legal person? Who is responsible for defamation? Burden of proofs, responsibility for opinions and parliamentary immunity – statements given in the Kosovo Assembly. Whereas, the local institutional framework was dominated by topics related to issues such as: who regulates online media and press? Who regulates the audio-visual media? Possibility to appeal against defamatory media reports and the role of the courts, as well as defamation cases from judicial practice. 

The training focused on analyzing provisions of Article 10 of ECHR, concretely on elaboration of the nature, importance, the effect and the scope of the freedom of expression right from the judicial practice point of view of the European Court of Human Rights, defamation, public persons in media, liability and sanctions against journalists, interference in internet freedom and protection of journalism activities and media in the judicial system of Kosovo and ECtHR case law.

Whereas, the second day continued by treating the standards of the European Court of Human Rights on protection from defamation, cases when as parties are public person – private persons, facts, opinions, burden of proofs, the amount of the damage compensation, parliamentary immunity, reporting words of others – live interviews, defamatory comments/pictures in social medias, etc.

Also, during the second day, the participants conducted a mock trial and through various role paly achieved to solve a defamation case given to them as assignment, where were included elements of state liability and sanctions in journalism, as well as protection of journalism activities and media. The epilogue of the mock trial was the decision taking relating to assumptions that the challenged decision of the national court in ECtHR contained violations of Article 10 of the ECHR by the national court of the state party of this Convention. 

Beneficiaries of this  training were Judges of Appeal Court and Basic Court, Basic Court Prosecutors and professional associates.