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According to the President, “this package violates the basic constitutional principles of a democratic state.
“It violates the right to freedom of expression, the press and the right to information. This package is contrary to the jurisprudence of the Constitutional Court, violates the standards of the European Convention on Human Rights”, the President of the Republic argues.
In his arguments for the return of the law to the Assembly, President Meta states that from the in-depth and comparative study of the law adopted in its entirety, has been concluded that some of its provisions and specifically the Articles 14, 15, 29, 30, are not in harmony and are in contradiction with the basic constitutional principles of building a democratic state, legal certainty and proportionality.
According to him, the provisions of the law contradict the constitutional provisions that protect the right to freedom of expression, freedom of the press and the right to information; the jurisprudence of the Constitutional Court of the Republic of Albania, whose decisions are binding norms of enforcement and which are not in line with the standards of the European Convention on Human Rights.
"The concerns about spreading fake news, or the negative impact of misinformation, must be addressed in such a way that any legal means of protection against these phenomena will in no way jeopardize, impose imbalances, or create the risk of misusing these legal means to infringe on the right to information, freedom of expression and the media, or freedom of economic activity. These rights enjoy special protection under the Constitution and international acts,” the president's arguments read.
“As above, for the sole purpose of improving this law in accordance with constitutional provisions and international acts and in accordance with the provisions of law no. 91/2019, pursuant to the Constitution and pursuant to Article 85, paragraph 1, I have decided to return for reconsideration of Law no. 92/2019 “On some additions and amendments to Law no. 9918, dated 19.5.2008, 'On electronic communications in the Republic of Albania', as amended, in order to be re-evaluated in accordance with Law no. 91/2019, which makes the changes conditional on the inclusion of strict rules for the establishment and operation of independent administrative bodies, the reassessment of the level of administrative measures envisaged in the analysis of the economic reality in which service providers are established and operate. media, reviewing the process of evaluation and taking administrative measures and their execution, as well as re-evaluating the direct effect they will have on the day-to-day work of electronic media service providers from the new legal provisions”, concluded Meta.