The BCC Proposed New Amendments To The Current Broadcasting Code. Media Expert: “I Would Compare The BCC Initiative With The Intention To Insist On Black-and-white TV When There Is Color TV”

The parliamentary commission on mass media at its meeting on Tuesday, November 1, examined and gave positive opinion to proposals of amending and supplementing articles 2, 3, 6, 13, 22 and 40 of the current Broadcasting Code, which came from the Broadcasting Coordinating Council (BCC) and were presented as a legislative initiative by the Government on October 19, 2016. According to media experts, so far the Broadcasting Code underwent 94 modifications to more than half of its 68 articles, but still it did not become better, and it would be advisable to adopt the new Broadcasting Code, which expects voting in the second reading.

BCC Chairman Dinu Ciocan explained at the meeting of the parliamentary commission that “these measures were included into the Action Plan for implementation of the Association Agreement back in 2013” in order to contribute to harmonizing legislation. The provisions are aimed to “supplement the current law with new legal rules that would cover the procedure of provision of on-demand broadcasting services, as well as conditions for transmission of short extracts from the signal of the program service that covers events of major importance.”

MP Maria Ciobanu, member of the parliamentary commission on mass media, who abstained from voting, asked whether these amendments are contained in draft law no. 53 on the new Broadcasting Code. “If the draft Broadcasting Code is proposed to be voted in the second reading, and they are in it, what shall we do?” she asked the participants in the meeting. The answer came from Sergiu Sarbu, MP representing the Democratic Party: “When the new Broadcasting Code is voted in the second reading, provisions will clearly be taken over. We don’t know whether it will be voted. The subject included into this draft law remains unregulated and needs to be regulated now. When will we do it? In six months or when we are ready to adopt a new code?”

Asked by Media Azi, media expert Ion Bunduchi commented on this draft law:

“I would compare the BCC initiative with the intention to insist on black-and-white television when there is color television. The Broadcasting Code so far underwent 94 modifications to more than half of its 68 articles, but it still did not become better. On the contrary! A new modification will definitely not make it shine. The parliament voted in the first reading for the draft of a new code. That draft contains the provisions that the BCC proposes now. But I stressed every time at public hearings that in the meantime the European Union went further, and it is necessary to update the provisions included in the draft code in 2011, a year after Directive 2010/13, which the BCC informative note refers to. The question is: Why does the BCC come up with the initiative only 6 years after the Directive?! Or another question: Why does not the BCC follow developments in Europe? For example, why don’t they take guide in the Directive of the European Parliament and Council of May 25, 2016 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services, given developments on the market? If they were truly guided by European standards, the BCC, and I guess the specialized parliamentary commission as well, would insist on improving the new Broadcasting Code and would not mime improvement. The BCC draft law says nothing about the so-called “providers of video sharing platforms,” with which European legislation operates now. We possibly have to wait 6 more years until the BCC comes up with an initiative in this sense, too. Let’s wait, though there is nothing to expect.”