Public Hearings in the Parliament: What Should the New Code of Audiovisual Media Services Look Like?

The Parliamentary Commission for Culture, Education, Research, Youth, Sports, and the Media organized the first public hearing regarding the draft new Code of Audiovisual Media Services, registered in the Parliament on March 22. The authors of the project, MPs, members of the Broadcasting Coordinating Council (BCC), journalists, experts, and representatives of media-related fields participated in the hearing, which lasted two days (April 3 and 4).

The participants of the hearing came up with suggestions and objections regarding different aspects of this document.

Vlad Batrâncea, MP representing the Party of Socialists, recommended introducing a provision, according to which the BCC could withdraw broadcast licenses for violations of legislation only after final verdicts are passed by the court. He argued his position by the fact that “the withdrawal of license is an extreme sanction,” and when this procedure remains at the sole discretion of the BCC, “various deviations may occur.”

Fadei Nagacevschi, lawyer for the Party of Socialists, referred to the notion of hate speech. According to the document, hate speech is the expression that disseminates, incites, promotes, or justifies racial hatred, xenophobia, antisemitism, or other forms of hatred resulting from intolerance or discrimination based on gender, racial or ethnic origin, nationality, religion or belief, disability, or sexual orientation. Fadei Nagacevschi expressed the opinion that “intolerance” is an inappropriate word in this case and that this definition is too general.

One of the draft Code authors, Eugen Rîbca, explained in the context: “We tried to come up with detailed regulations for the current Code beginning in 2010-2011, and we were criticized for it, by European structures among others. We were suggested not to come up with detailed regulations, since we have a regulatory authority, whose main task is to regulate this area.”

Furthermore, some broadcasters referred to the audiovisual programs made exclusively with their own resources. They suggested that audiovisual programs should have the following average daily duration: national media service providers – at least 10 hours for each audiovisual media service; regional providers – at least 8 hours for each audiovisual media service; etc.

PRO TV Chişinău representative Artur Corghencea mentioned that the draft Code did not take into account the duration of advertising. The journalist added that it is impossible for each station to produce the required volume of domestic products under the current conditions, when the advertising market is about 9 million euros.

In addition, media service providers have the obligation to reserve for European works created by independent Moldovan producers at least 10% of their broadcasting time, minus the time dedicated to news, sporting events, games, advertising, teletext services and teleshopping. Corghencea claims that there are no independent producers in Moldova who could create content for television.

Olga Bordeianu, president of the public company Teleradio-Moldova, proposed introducing domestic product quotas gradually. “I am for increasing the quotas of own product (…), but no so suddenly. A little slower, I think, would be better and easier,” she said. Teleradio-Moldova president also said she is awaiting the opinions of the Ministry of Culture, Research, and Sports and of the Ministry of Finance regarding the provisions that refer to over one hundred of the company’s employees who are involved in cultural activities, such as concerts and the like. According to the draft Code, the public provider of media services is not entitled to manage artistic groups (music- or theater-related, for example). Bordeianu said that after she receives those opinions, she would know what to do with such employees – to dismiss them or to transfer them under the Ministry of Culture.

Service distributors drew attention to the fact that the copyright legislation makes it impossible today for Romanian broadcasters to air on the territory of Moldova. At the same time, the content that comes from Russia is sold at a small price and has all the documents that are required for broadcasting in the Commonwealth of Independent States.

After adoption of the draft new Code in the first hearing, it will be sent for international opinion to the OSCE, the Council of Europe, and the European Union.

The document was prepared by national and international experts within the parliamentary working group created to improve the media sector.