A proposed article in Albania’s new Penal Code has sparked serious concern about the future of press freedom and citizens’ right to information. Article 267 introduces harsh criminal penalties for the unauthorized acquisition, processing, or dissemination of electronic data — even when that data serves the public interest.
The article consists of six provisions that ostensibly aim to protect information systems, but in practice could become a powerful tool of censorship and repression against journalists, whistleblowers, and ordinary citizens sharing information online.
What Does Article 267 Say?
- Unauthorized access or processing of data in networks or systems of public importance is punishable by 6 to 12 years in prison.
- If such access involves bypassing security protections for purposes like data cloning or other illegal uses, the sentence increases by one-third.
- If the acquired data is published in the media or online, the punishment increases by half.
- Processing or altering data unrelated to public order or national defense carries 3 to 8 years in prison.
- Sharing such data automatically increases the sentence by half.
- Even third parties who redistribute the information — if aware of its “illegality” — can face up to 4 years in prison.
Why Is This a Threat to Press Freedom?
Legal experts and human rights advocates warn that Article 267:
- Criminalizes investigative journalism, especially when based on leaked or whistleblower-sourced documents.
- Lacks protections for media outlets reporting in the public interest, including cases involving corruption or abuse of power.
- Uses vague terms like “systems of public importance” and “awareness of illegality,” leaving room for broad and arbitrary interpretation.
- Punishes citizens who share such reports on social media, placing them at legal risk simply for reposting.
A Blueprint for Censorship and Repression
If approved in its current form, this article could mean journalists publishing leaked government emails, tender documents, or conversations exposing abuse of office could face years in prison.
Moreover, citizens reposting these materials on platforms like Facebook, Instagram, or TikTok could be prosecuted, if authorities deem they were “aware” of the information’s illegal origin.
This will likely create a chilling effect, silencing journalists, intimidating citizens, and undermining the free flow of public-interest information.
Call for Urgent Revisions
Journalists’ associations, civil liberties organizations, and whistleblower advocacy groups are urging the Albanian Parliament to revise this article to include:
- Explicit exemptions for journalism conducted in the public interest;
- Legal protections for whistleblowers exposing corruption;
- Clear and narrow definitions of what constitutes “sensitive public data”;
- Immunity for citizens who share information in good faith from reputable media.
In the name of “data security,” the proposed Penal Code builds a legal wall against transparency and freedom of expression. If passed, Albania risks becoming a country where investigative journalism is criminalized, and sharing information online is a punishable offense.
This is a critical moment for all those who believe in democracy, press freedom, and the public’s right to know. The time to speak up is now.