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Monthly Bulletin, November 2020
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From November 24-25, the 6th annual Moldova Media Forum was held in Chisinau. Across the two days of the Forum, media representatives, media and legal experts, and state officials debated issues which the media faces during the pandemic. Participants were greeted by President-elect Maia Sandu, EU Delegation Head Peter Michalko, U.S. Ambassador Dereck J. Hogan, German Ambassador Angela Ganninger, U.K. Ambassador Steven Fisher, and by Moldovan MPs, ministers and other officials. Diplomats and journalists alike commented on the importance of an independent media, the performance of the media and authorities during the November elections, the impact of the pandemic, and the fight with fake news. Participants noted problems with the Broadcasting Council (BC). President-elect Sandu highlighted OSCE and ENEMO reports which found various failings by the BC during the election campaign: “We saw attempts to intimidate media outlets that objectively inform citizens … Council members turned a blind eye to very serious violations, misinformation, hate speech, attempts to divide society.” EU Ambassador Michalko suggested Parliament and the Government “strengthen transparent supervision of the Broadcasting Council’s activity,” while U.S. Ambassador Hogan concluded that civil society’s voice is not present in the BC, and argued that “it is time for the BC to reflect the voice of all Moldovans.” |
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Employees of the State Protection and Guard Service (SPGS) took abusive action against journalists carrying out their mission of informing society about events of public interest. On November 13, SPGS officers roughly pushed aside a PRO TV Chisinau reporter to prevent her from asking President Dodon questions at a campaign rally. Eight media NGOs, including the Independent Journalism Center, the Association of Independent Press, and the Association of Electronic Press, signed a joint declaration condemning the behavior of the officers. The signatories requested that SPGS officers comply with the law and uphold human rights, freedoms and legitimate interests. They emphasized that this was not the first time that SPGS employees abused their duties in relation to the media, and asked the institution to train their officers to behave respectfully with media representatives. |
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Various media outlets and non-government organizations signed on to a petition asking the Ministry of Health, Labor and Social Protection (MHLSP) to resume organizing online press conferences with journalists. In an official answer, Minister Viorica Dumbraveanu promised that the institution would resume briefings and press conferences “in an updated format,” and that in the meantime, the public would be informed “through the participation of representatives of the institution in talk-shows and interviews and through the answers provided to requests for information submitted by journalists.” The Minister underlined that information about COVID-19 “is regularly updated on the site and on the official Facebook page of the institution” and that the Ministry conducts weekly briefings in which it presents updated information about the epidemiological situation. Journalists and media experts believe these measures are not enough to provide full information to citizens. Independent Journalism Center (IJC) Executive Director Nadine Gogu argues that journalists need quick first-hand answers about the COVID-19 situation: “Given that the situation changes every day, journalists can’t wait for days for the answers they need in order to produce original materials to address the pandemic.”
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According to a public statement by the Journalist Protection Committee (JPC), which was launched on November 4, Moldovan authorities should immediately investigate the case of Russian journalist Irek Murtazin, who was not allowed to get on an Air Moldova plane flying from Moscow to Chisinau and so was prevented from covering the recent presidential elections. The organization claims that Air Moldova employees refused to allow the Novaya Gazeta journalist to get on an October 31 flight to Chisinau. Daniel Voda, spokesperson of the Ministry of External Affairs and European Integration, confirmed for JPC that Murtazin was accredited on October 30, but refused to comment on the actions of Air Moldova. According to Murtazin, representatives of Air Moldova at Domodedovo airport were allegedly called by officials from Chisinau, who prohibited him from entering the country. The journalist believes that the incident is related to his journalistic activity and to his articles about the 2019 political crisis in Moldova. The press service of the Border Police confirmed that the journalist was not allowed to get on the plane, but stated that this was because “he did not meet the conditions for entering the country” and did not have all the necessary documents. |
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This year, Moldova hosted the fourth edition of the prestigious international World Press Photo exhibition, organized by the World Press Photo Foundation in the Netherlands in partnership with the Independent Journalism Center, with the support of the Dutch Embassy in Chisinau. The launching of the exhibition, traditionally conducted under the title “Stories that Matter,” took place on Thursday, November 18, at the National Museum of History of Moldova. The event was attended by the Head of the Dutch Embassy in Chisinau, Floris van Eijk, who gave a speech in Romanian in which he noted that the exhibition was a way of celebrating media freedom and highlighting stories that were hidden behind biased texts or editorial self-censorship. “We support the independent media and we believe this is one of the most important pillars of a democratic society. The voice of the free media should not only be heard, but also should be encouraged,” said van Eijk. In a video recording from the Netherlands, the Coordinator of the World Press Photo Exhibition, Susan van den Berg, also mentioned that while “the integrity of the photo-journalism is threatened by potential digital manipulation, World Press Photo represents an indicator of accuracy in this field.” Nadine Gogu, Executive Director of the Independent Journalism Center, pointed out that photography, as part of the visual arts, is one of the most important forms of journalism. Photojournalist Nicolae Pojoga added that “among billions of pictures that exist in the world, only the iconic ones will forever be known, and we must work for their value.” The National Museum of History of Moldova will host this exhibition between November 19 and December 9. The event is organized by the World Press Photo Foundation of the Netherlands in partnership with the Independent Journalism Center, with the support of the Embassy of the Kingdom of the Netherlands.
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During the fourth edition of the World Press Photo International Photographic Exhibition, the Independent Journalism Center organized an online training called “Discovering the Art of Photography through the Lenses of World Press Photo.” The training was attended by 12 journalists and photojournalists interested in learning about the power of the photography and why it is important to participate in international photo contests. At the beginning of the event, Floris van Eijk, head of the Dutch Embassy in Chisinau, mentioned that the Embassy had been supporting the World Press Photo Exhibition in Moldova for four years. “This year we decided to do more than putting on an exhibition in Chisinau. We would like to encourage Moldovan photojournalists to participate in this prestigious competition in the future. There are many talented journalists and photojournalists in Moldova, and we would like to contribute to their professional development.” During the training, the discussions focused on the importance of visual art, photographic storytelling, and the requirements for entering the World Press Photo contest, which has a long history of more than six decades.
The Georgian photographer Daro Sulakauri, whose works were published in National Geographic, the New York Times, Forbes, GEO Magazine, Der Spiegel, Mother Jones, Sunday Times, The Economist, Bloomberg, and die Zeit, shared her experience and photo stories with the 12 participants. Also, the participants learned from Suzan van den Berg and Thera Vermeij, World Press Photo Foundation representatives from the Netherlands, about the entry requirements for this prestigious international contest, when applications can be submitted, and how the winners are selected. The training was organized by the Independent Journalism Center with financial support from the Dutch Embassy.
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During the Moldovan Media Forum, the Press Council named Newsmaker.md the winner of the competition for the 2020 National Prize for Journalistic Ethics. The award was established by the Press Council of Moldova in 2015, and is awarded annually in order to promote ethical principles and to recognize of the merits of media institutions in the field. The National Prize for Journalistic Ethics is offered with the support of the Media Program of the Soros Foundation in Moldova.
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Courts could force journalists to disclose their source of information "if this becomes necessary to protect national security and public order" under a new draft law amending and supplementing the Code of Audiovisual Media Services. The bill was drafted by PSRM MPs Adrian Lebedinschi, Bogdan Țirdea and Vasile Bolea, and was registered in Parliament on November 23. The chairman of the parliamentary media committee, Adrian Lebedinschi, mentioned this legislative initiative at the Media Forum. Tatiana Puiu, Freedom House representative in Moldova, says the bill is alarming because journalists or media outlets could be forced by the courts to reveal their sources whenever necessary to defend national security or of public order. Likewise, Sergiu Bozianu, the president of the Association for the Protection of Privacy, believes the proposal is "unjustified." Cristina Durnea, lawyer at the Center for Independent Journalism, argued that the legislative initiative "restricts the guarantee provided at the moment by the legislation in force." Specifically, current legislation stipulates that a criminal investigation body or the court may oblige a journalist to disclose their sources only in cases where a criminal case concerns particularly serious crimes, disclosure of the source is absolutely necessary for the criminal investigation, and all opportunities to identify the source by other means have been exhausted.
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For a decade, Moldova has not registered any progress in implementing four judgements of the European Court of Human Rights (ECtHR) on violations of the right to freedom of expression, reported the European Implementation Network (EIN), headquartered in Strasbourg. Articles published by EIN discuss the cases of the newspapers Flux, which was sanctioned, and Kommersant Moldovi, which was closed after publishing certain articles. Another file concerns nine journalists who were working at the public broadcaster Teleradio-Moldova, who were not allowed to broadcast news about opposition protests, and were later interrogated by law enforcement and fired. In a fourth case, Gavrilovici v. Moldova, a defendant was sentenced to administrative detention because he insulted a politician, and another one was found guilty of defamation because he made false statements about a mayoral candidate in his village. EIN concluded: “The Government is obliged to submit to the Council of Europe an action plan establishing the measures it intends to take in order address the issue of human rights identified by the Court. Those four judgements concerning the freedom of expression are old, they were issued at least ten years ago. Despite this, no action plan was ever submitted for those four cases.”
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More than two years after the ruling, the judgement of Buiucani office of the Chisinau Court in a lawsuit by photojournalist Constantin Grigorita against President Dodon was finally published on the court’s website. On July, 24 2018 , judge Olga Ionascu dismissed a request for summons filed by Grigorita against President Dodon and the Presidential Administration as unfounded, but the judgement was not published until October 20 of this year. Lawyer Vitalie Zama cannot find any justification for this delay. In his opinion, the judges risk being sanctioned by the Superior Council of Magistracy for dragging out the lawsuit by delaying the publication of the judgement.
In the summer of 2017, Constantin Grigorita filed a lawsuit against the Presidency for preventing him from participating in official events and meetings. According to the photojournalist, officers of the State Protection and Guard Service (SPGS) prevented him from accessing such events on four separate occasions.
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Public broadcaster Moldova 1 was hit with a cyber attack at the beginning of 2020, resulting in it losing part of the archive of its News Department. The broadcaster’s management claims that they contacted the Prosecutor's Office for Combating Organized Crime and Special Cases (PCCOCS) several times, requesting it investigate the attack and hold the offenders accountable. However, all the requests were rejected. According to an answer to Media Azi, signed this February by Olga Bordeianu, the head of Teleradio-Moldova (TRM), the broadcaster’s management “filed various requests with the law enforcement bodies and asked them to hold accountable the people that are guilty according to the law.” On May 19, PCCOCS decided to close the criminal case started on the basis of these complaints. TRM representatives claim they then filed a complaint with a higher prosecutor, which resumed investigation of the case and returned it to the General Police Inspectorate. However, PCCOCS again refused to start criminal prosecution. A long exchange of replies took place between TRM and the Prosecutor’s Office, with the most recent complaint from TRM submitted on October 26.
PCCOCS spokesperson Emil Gaitur stated for Media Azi that the investigations are in progress, but that “so far, the author of the application did not submit relevant data that, according to the law, would allow starting the prosecution.”
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The Broadcasting Council (BC) rejected notifications submitted by the Independent Journalism Center (IJC) regarding regulatory violations it identified while monitoring the TV channels Primul in Moldova, Accent TV, NTV Moldova and Central Television between October 7-14. In its third monitoring report, IJC found massively disproportionate favorable coverage of President Dodon, who benefited from the largest air time, both in terms of frequency and live appearances. Meanwhile, Central Television provided more air time to the Sor Party and to its candidate, Violeta Ivanov. BC members specified that three of these channels were monitored by the authority and were verbally warned. In the case of Accent TV, the BC conducted separate monitoring and found that Dodon was covered in an obviously positive way, while opposition candidate Maia Sandu was covered in a neutral or negative way; their monitoring also confirmed that Dodon enjoyed the largest air time in the newscasts. Nonetheless, the IJC’s petitions were rejected. Cristina Durnea, IJC lawyer, expressed her regret that the broadcasting authority “strengthens the practice of a superficial review of complaints.” In her opinion, the authority groundlessly rejected the IJC’s petitions and neglected its role as guarantor of the public interest in pluralist and objective information, “a superior interest in relation to political, economic, commercial, ideological or other interests.” |
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A declaration on the preliminary findings and conclusions of the Mission of the Bureau for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe (OSCE/BIDDO), published on November 2, concluded that the Broadcasting Council’s (BC) response to regulatory violations committed by radio stations and TV channels during the first round of the Presidential campaign was inconsistent. “The efficiency of reporting every two weeks to solve the potential violations is questionable,” the document notes. Also, according to the international observers, the BC was inconsistent in applying sanctions to media service providers that violated rules concerning coverage of the electoral campaign.
The Central Electoral Commission accredited 35 international observers from OSCE/BIDDO for the November 1 presidential elections. |
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The European Network of Election Monitoring Organizations’ (ENEMO) International Election Observation Mission in Moldova released a preliminary statement regarding the first round of presidential elections of November 1, which argues that although Moldovan media is diverse, pluralism of opinion is challenged by the lack of financial means for local media and independent alternatives. “Television is the main source of political information. The monitoring of the broadcasters conducted by the Broadcasting Council during the electoral campaign was too slow and inadequate to be efficient and as a result, the monitoring was reduced to a simple formality,” noted the report. In the document, published on November 3, ENEMO states that notifications filed by media NGOs to the BC regarding the biased behavior of certain broadcasters to favor incumbent President Dodon were rejected “without a formal decision.” The declaration also noted that when TV8 was fined for the lack of impartiality during a talk show, the fine was challenged and cancelled in court. ENEMO observers also found “a significant number of paid campaign advertising on social media, including on Facebook and Youtube.” |
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Following criticism of the organization by the OSCE and ENEMO international observation missions, Broadcasting Council (BC) Chair Dragos Vicol said that after reviewing the second monitoring report, they would adopt a “tougher” attitude towards broadcasters that committed regulatory violations during the electoral campaign and would apply “much more severe” sanctions. “After we warned the TV channels verbally, it’s time to summarize the derogations and to move on to much more severe sanctions,” said Dragos Vicol for Media Azi. When asked to comment on the findings of ENEMO and OSCE missions, which warned that publishing a report only every second week is inefficient, Vicol explained that the frequency is set by law. He also said that the BC chose to monitor both the so-called day of silence (October 31) and election day to find out if media service providers committed any regulatory violations. The BC’s third report will be examined after the second round of the presidential elections. |
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The results of media monitoring by the OSCE International Observation Mission revealed that during the election campaign for the second round of the elections, President Dodon enjoyed more coverage than his opponent from most of the monitored media outlets, according to the preliminary conclusions of the Mission. The report singled out the Broadcasting Council (BC) for criticism, stating that “non-differentiated sanctions almost two weeks after election day did not ensure an efficient supervision of the campaign coverage.” The observers found that the fines applied by the BC were based on conclusions similar to the first monitored period, when the Council concluded that the behavior of the monitored TV channels was ‘within limits of normality’.
The OSCE Mission also identified a series of “threatening” messages that mainly targeted Maia Sandu, which were disseminated through printed materials, television, and social media. “This intolerant and inciting rhetoric was included in campaign materials and largely disseminated on social media,” the document states. |
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The international observers of the European Network of Election Monitoring Organizations (ENEMO) were not fully satisfied with the activity of the Broadcasting Council (BC) during the election campaign for the second round of the presidential elections. “The Broadcasting Council had a limited understanding of its role and responsibilities towards citizens of the Republic of Moldova during the election campaign or lack of openness to approach the biased behaviour of media,” stated Dritan Taulla, head of the ENEMO Mission, during a press conference held on November 17. According to him, the supervision of broadcasters was limited “to a post-factum sanction that did not discourage the broadcaster, with the BC failing to ensure unbiased information of voters.” The election campaign was marked by attacks against individuals and defamation, added the observers. “The campaign was conducted in a tense atmosphere and the candidates often carried out unethical activities and attacks against individuals, particularly against Maia Sandu,” mentioned ENEMO expert Olga Reut. ENEMO will soon publish a final report which will contain detailed recommendations and findings.
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The Broadcasting Council (BC) publicly warned the TV channels TV8 and Pro TV Chisinau for violating the legal requirements on avoiding discrimination in newscasts after broadcasting a speech by President Dodon that attacked his opponent, Maia Sandu, for participating in pro-LGBT rallies. According to BC monitors, on November 3, Pro TV Chisinau broadcast a speech in which Dodon declared that he never participated in LGBT rallies, while Maia Sandu attended such events. According to the BC, TV8 also broadcast a piece of news about the Dodon’s speech, and the topic was discussed during the Politica Nataliei Morari talk-show. Pro TV Chisinau did not present its position for the BC, while TV8 representatives informed the BC that they had presented both Dodon’s statements and the reaction of PAS. In regards to the talk-show moderated by Natalia Morari, the journalist argued she “tried to prove the fakes from the speech of Igor Dodon.” BC members decided to sanction both channels with a public warning.
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During its November 10 meeting, the Broadcasting Council (BC) publicly warned the local TV channel Media TV for failure to ensure impartiality and balance during edition of the Ora Locala talk show. The sanction was applied following a complaint by the mayor of Cimislia, Sergiu Andronachi, who informed the BC that the mayoralty was criticized during this talk show and was not provided any opportunity to reply.
The moderator and the owner of the channel, Andrei Bargan, claimed in his explanatory letter to the BC that the talk show had to be organized and broadcast by set deadlines, but employees of the mayoralty were not able to participate for health reasons. Bargan stated that he was ready to provide airtime to the mayor to express his point of view. Most BC members did not agree with these arguments and sanctioned the channel with a public warning.
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The Broadcasting Council (BC) publicly warned NTV Moldova and Primul in Moldova TV channels during its November 10 meeting for failing to comply with the legal requirements on avoiding discrimination. The sanction was applied after the Council received a complaint from the non-government organization Watch Dog. The NGO asked the Council to examine denigrating attacks against LGBT people broadcast by NTV Moldova and Primul in Moldova, which covered a speech by President Dodon accusing his opponent, Maia Sandu, of participating in a LGBT rally. The Monitoring Department of the BC found this a violation of Audiovisual Media Services Code, which requires newscasts avoid any forms of discrimination. With eight votes in favor and two votes against, BC members decided to publicly warn both TV channels.
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During its November 10 meeting, the Broadcasting Council (BC) sanctioned 13 TV channels with a fine of MDL 5,000 (EUR 250) each for violating regulations requiring balanced coverage of the election campaign. These channels were Publika TV, Prime TV, Primul in Moldova, TVR Moldova, Canal 2, Canal 3, TV8, Jurnal TV, Pro TV Chisinau, TVC, RTR Moldova, NTV Moldova and Accent TV. For similar violations, the channel BTV was fined with MDL 10,000 (EUR 500). At the same time, following a complaint by the Independent Journalism Center, the BC sanctioned NTV Moldova with a MDL 7,000 (EUR 350) fine for failing to present the point of views of the opposition and for imposing the views of the moderator during the talk-show Acces Direct. These sanctions were applied following the release of the BC’s second monitoring report of 15 media service providers’ coverage of the election campaign between October 16 and November 1, as well as the IJC notifications. According to the monitoring results, the public TV and radio broadcasters did not commit any violations.
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According to the Independent Journalism Center’s (IJC) fifth monitoring report covering October 23-31, released on November 3, four out of the ten TV channels monitored during the election campaign for the November 1 presidential election continued to massively favor certain presidential candidates.
According to the report, the public TV channel Moldova 1 treated all candidates in an equal manner in campaign newscasts. However, Primul in Moldova, NTV Moldova and Accent TV largely covered the campaign activities of President Dodon, who was massively favored both in terms of frequency of appearances, air time for live appearances, and a favorable tone. These channels also broadcast large amounts of positive news about the activity of Dodon’s political allies in PSRM and local and central public administration. On the other hand, the PAS candidate, Maia Sandu, was more often referred to than quoted by these channels, and was disproportionately covered negatively. The Central Television, which provided relatively equal access to all candidates, nevertheless favored Sor Party candidate Violeta Ivanov, who was disproportionately covered a positive light.
Similar conclusions are included in the sixth monitoring report covering November 2-14, released on November 17. Primul in Moldova, NTV Moldova and Accent TV showed open political partisanship, broadcasting a large amount of biased coverage in favor of President Dodon, and denigrating PAS candidate Maia Sandu. Also, the channels broadcast many positive stories about the activity of the Government, the local and central public administration, and PSRM, all of which favored President Dodon. Most of the time, Sandu was quoted and referred to in news in a negative light. In contrast to the first round of elections, the report found that public TV channel Moldova 1 slightly favored Dodon, while Sandu was mainly presented in a neutral light. Finally, the report notes a slight lean towards Dodon during the second round of elections in coverage from Prime TV and Publika TV. The IJC recommended the Broadcasting Council take action and use the monitoring reports to assess whether the monitored TV channels observed their responsibility to provide full, objective and truthful information.
The monitoring reports were prepared by the Independent Journalism Center as part of the “Media Enabling Democracy, Inclusion and Accountability in Moldova (MEDIA-M)” project, implemented by Internews in Moldova with the support of the United States Agency for International Development (USAID) and UKaid.
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TV programs produced in Russia lost popularity in the last two years, according to the study “Media Perception and Media Literacy Skills among Citizens of the Republic of Moldova,” released on November 25 at the 2020 Media Forum. According to the survey, which was conducted in August, 32% of respondents say they watch TV programs produced in Russia, as compared to 35% in 2018. Also, 61% of Russian-speakers say they always watch Russian TV channels, as compared to 68% in 2018, and 41% of Romanian-speakers sometimes watch TV programs produced in Russia , as compared to 48% in 2018. The research also revealed that almost half of the respondents aged over 65 years get their information primarily from TV, while one in five young people aged between 18 and 25 never watch TV news. Compared to a couple of years ago, ten times fewer young people said they always watched news on TV (2% in 2020, 21% in 2018). The survey was conducted by Magenta Consulting on a sample of 1,364 respondents. The research was organized on the basis of a partnership between the “Media Enabling Democracy, Inclusion and Accountability in Moldova” (MEDIA-M) project, funded by USAID and by the Embassy of Great Britain in Chisinau and implemented by Internews in Moldova, and the “Strategic Communication and Support to Mass-Media in the Republic of Moldova” project, funded by the European Union.
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Freedom House Holds Media Policy Forum Virtual Roundtable as Part of Mass Media Forum
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On November 24, Freedom House held its Media Policy Forum virtual roundtable as part of the annual Media Forum hosted by the Association of Independent Press (API). Entitled “Chokehold on Media Freedom: Navigating Law and Policy Restrictions Under Pandemic Conditions,” the roundtable featured opening remarks by USAID Mission Director to Moldova Scott Hocklander. Expert speakers from Moldova, Ukraine and Latvia shared valuable perspectives from civil society, media and policy-making spheres on how the COVID-19 pandemic has negatively impacted the work of independent media, and reflected on lessons learned for mitigating these impacts.
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Freedom House Publishes New Policy Brief on Media Policy During the Pandemic
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Freedom House published a new policy brief in its Media Forward brief series. In the brief, titled “Media Policy in a Pandemic: Lessons from Moldova, Ukraine and Latvia,” experts Anastasia Nani, Lolita Buka, and Gina Lentine examined and compared government approaches to media policy in Moldova, Latvia, and Ukraine in the context of the COVID-19 pandemic, highlighting independent media’s crucial role in contributing to an effective national health crisis response. The authors highlighted the findings at Freedom House’s Media Policy Forum virtual roundtable on November 24, which was part of the annual Mass Media Forum.
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Results of Cu Sens Investigation Highlighted by President-Elect Maia Sandu
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On November 25, President-elect Maia Sandu announced that one of the top three priorities of her administration would be to restore the full functioning of the Vorniceni hospital. The hospital, which was recently renovated and is fully equipped but is unable to operate due to legal issues, was brought to public attention by Freedom House’s Media Freedom Matters partner Cu Sens, which published a highly-popular video investigation about the hospital last month. Cu Sens was awarded second place for their Vorniceni hospital investigation at the “Investigations of the Year 2020” side event at the Mass Media Forum on November 25. Cu Sens’ activities are supported under the the “Media Enabling Democracy, Inclusion and Accountability in Moldova” (MEDIA-M) project, funded by USAID and by the Embassy of Great Britain in Chisinau and implemented by Internews and Freedom House in Moldova.
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Freedom House Expert Analysis on Moldovan Election Takeaways
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On November 10, the Atlantic Council published expert analysis by Freedom House Senior Program Officer Gina Lentine, calling attention to how several longstanding issues in the Moldovan media environment have been exacerbated in the context of the country’s November presidential elections. On November 19, the Center for European Policy Analysis (CEPA) published another article by Lentine overviewing Moldova’s presidential election results and highlighting the potential of the Maia Sandu administration to advance democratic reform efforts, including in the media sector. Two podcasts featuring Lentine’s analysis were also published on Talk Eastern Europe and Meduza.
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