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Policy Document

The Inter-American Legal Framework regarding the Right to Freedom of Expression

Published by the Office of the Special Rapporteur for Freedom of Expression (2010) (Catalina Botero Marino)
This report explains the general standards on freedom of expression supported by jurisprudence and doctrines binding in the Inter-American system while discussing their most pressing problems. It also lays an emphasis in showcasing best practices in the region and sets guidelines to help states shape their internal laws to Inter-American benchmarks. The Special Rapporteur highlights the triple function that freedom of speech has been given in the Inter-American system as: (i) the right to think by ourselves and share our thoughts with others, (ii) the enabling right for a healthy democracy, and, (iii) a key instrument for the exercise of other fundamental rights (Paragraphs 6-10). When mentioning the scope of this right, the Report mentions that the right of an individual to express its own thoughts should be equally...
Policy Document

Background and Interpretation of the Declaration of Principles on Freedom of Expression

Document published by the Office of the Special Rapporteur for Freedom of Expression at OAS
The OAS Declaration of Principles on Freedom of Expression establishes a legal framework for the protection of free expression to be adopted by all states throughout the hemisphere. The Declaration states that OAS members are subject to Article 13 of the American Convention on Human Rights (ACHR), which provides for the “right to seek, receive and impart information and opinions freely,” and sets forth principles that clarify how these rights apply to various forms of expression, journalistic activity, libel and slander laws, and monopolies in the media industry. In its accompanying interpretation of the Declaration, guided by the opinions of the Inter-American Commission (IACHR) and the Inter-American Court of Human Rights (IACtHr), the OAS calls for the incorporation of international standards on free expression and...
Paper/Research

Albania Study on blocking, filtering and take-down of illegal Internet content

(prepared by Swiss Institute of Comparative Law for Council of Europe)
This is one of series of country reports prepared for the Council of Europe in 2015. Other countries' reports, and responses from national governments, are available here. The studies undertake to present the laws and, in so far as information is easily available, the practices concerning the filtering, blocking and takedown of illegal content on the internet.
Legislation

Law No. 10128 on Electronic Commerce

(1) The object of this law is to establish rules for conducting commercial transactions electronically, through services offered by the information society for the protection of persons participating, the legal protection of customer confidentiality of confidential data to its participants, as and to ensure the free flow of information services, defining the responsibilities of providers of information society services. (2) "Information society services" means services provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services. (3) Responsibilities of intermediary service providers are governed by Articles 15-20. (4) The simple transmission (mere conduit) (Article 15). 1. Where the provision of information society service consisting of transmitting a...
Legislation

Law No. 9918 on Electronic Communications in the Republic of Albania

Law No. 9918 on electronic communications includes certain provisions on obligations and criteria for telecommunication operators relating to the safeguarding of fundamental rights and freedoms. The Law also includes provisions on technical security parameters of telecommunication networks, and liability provisions for providers of public electronic communications networks and services. The provisions pertaining to service providers include data retention, the safeguarding of the secrecy and confidentiality of electronic communications, the provision of unsolicited commercial communications, and the lawful eavesdropping of telecommunications.
Legislation

Law No. 9887 on Protection of Personal Data

(1) This law aims at defining the rules for the protection and legal processing of the personal data. (2) According to Article 2, the legal processing of the personal data shall respect and guarantee the fundamental rights and freedoms of persons and in particular their right to privacy. (3) Obligations of the Processor (Article 20). The controllers may recruit processors to process personal data. The processor shall guarantee lawful and safe use of data. All personal data processors shall have the following obligations: to process data only according to the instructions of the controller; not to transmit data unless so instructed by the controller; to take all required safety measures, in compliance with this law and to employ operators who are bound by confidentiality; to create in agreement with the controller the...