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Monthly Bulletin, March 2020
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On March 19, the Security and Intelligence Service (SIS) of Moldova issued an order blocking 52 anonymous websites that allegedly posted fake news about the coronavirus pandemic. The SIS clarified that websites were unknown and not registered with the state, meaning that the constitutional safeguards provided for in the law did not apply to them. On March 24, the SIS blocked two other online platforms, totaling 54 websites. The Commission for Emergency Situations issued a Decision on March 23, granting the SIS the right to forestall the transmission of fake content regarding COVID-19 immediately via an electronic communications network or the storage of such material by eliminating the source. The decisions on this matter were made in the context of the state of emergency declared by the Parliament, and they shall remain effective until May 15.
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Media NGOs called on Moldovan authorities not to allow abuse against the freedom of expression and not to apply disproportionate restrictions provided by the state of emergency.
This statement was made because the Security and Intelligence Service (SIS) blocked 52 websites disseminating fake news, making reference to the state of emergency in the country on Friday, March 20. Signatories of the statement highlighted that international organizations such as OSCE and Freedom House expressed concern after the authorities of other countries announced similar measures. The NGOs called on the authorities to develop and implement clear and transparent decision-making mechanisms to prevent possible abuse. “Any measure taken must be legal, necessary and proportionate to the intended outcome,” read the statement by eight media NGOs including the Center for Independent Journalism, the Association of Independent Press, the Association of Electronic Press, RISE Moldova, and others. |
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Media NGOs appealed to the Commission for Emergency Situations, the Government of Moldova, the Ministry of Health, Labour and Social Protection, and to the National Public Health Agency to provide them with complete information on the epidemiological situation of the expansion of the COVID-19 pandemic. The signatories of this appeal insisted that institutions and civil servants show fairness and professionalism in their collaboration with media and refrain from ill-founded accusations and insinuations against journalists seeking information of public concern. “We call upon the authorities to accept online questions from journalists after the briefings broadcast via streaming platforms,” the eight signatories said. They highlighted that providing complete information on the epidemiological situation in the country, maintaining full observance of patients’ rights, is the most efficient way to forestall disinformation about COVID-19 and an essential prerequisite for minimizing panic among the public.
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The Chairman of the Broadcasting Council (BC), Dragos Vicol, on March 24, signed a decision that the presenters, anchors, and editors at audiovisual media outlets must refrain from voicing their own opinions while the state of emergency is active. Media professionals are also barred from publishing coverage of the COVID-19 pandemic that restates the facts in their own words and/or expresses arbitrary views. “The competent national and international public authorities (the Commission for Emergency Situations of Moldova, the Government of Moldova, the Ministry of Health, Labour and Social Protection, the World Health Organization) are the only reliable, truthful, impartial and balanced sources of information” states the BC document. Media experts and journalists revolted against this decision, calling it an abuse and attempt to install censorship. The CEO of the Association of Independent Press, Petru Macovei, stated that such decisions create enormous risks for the freedom of expression and the freedom of the press. “These restrictions are on the borderline of censorship.” He added that journalists in audiovisual media would be barred from expressing opinions about the COVID-19 pandemic that are different from those of the authorities.
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Media NGOs and the members of the National Platform of the Eastern Partnership Civil Society Forum signed a Public Call, expressing their concerns about the Decree issued on March 24 by Broadcasting Council (BC) Chairperson Dragos Vicol, in the context of the state of emergency declared by the Moldovan authorities. The authors of the Call highlighted that the Decree was issued in violatation of the law. The Call stated that specific provisions of the Decree severely hamper the freedom of expression of audiovisual media services providers, and that establishing unjustified restrictions – verging on censorship – affects media pluralism. The signatory organizations demanded that Vicol revoke or annul the Decree. NGOs urged the BC members to condemn such practices of undermining institutional authority and obstructing the freedom of expression, and asked the Moldovan Parliament and the Commission for Emergency Situations to monitor the activity of institutions that abusively invoke the state of emergency in the country and adopt acts that limit fundamental human rights and freedoms. The Call was signed by nine media NGOs (the Independent Journalism Center, the Association of Independent Press, the Center for Investigative Journalism, the Association of Electronic Press, the “Acces-Info” Center, the Press Freedom Committee, the Association of Independent TV Journalists, RISE Moldova, Association of Journalists in the Area of Environment and Environmental Tourism from the Republic of Moldova) and by the National Platform of the Eastern Partnership Civil Society Forum, which includes 83 organizations from Moldova.
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Under the pressure of the public opinion, BC Chairperson Dragos Vicol annulled his Decree imposing significant restrictions on television and radio broadcasters when reporting on topics related to the pandemic. In a press release, Vicol specified that he made this decision after the criticism issued by journalists and NGOs on March 24. “Following the provisions of Article 86 of the Audiovisual Media Services Code “Cooperation with Civil Society,” and given that Decree No. 02 raised criticism from several journalists and NGOs who called it “abuse” and “media censorship,” I declare that I am annulling that Decree to calm down the society.” After the BC Chairperson canceled his Decree, journalists and representatives of civil society demanded the resignation of Dragos Vicol. MPs from PAS and PPDA factions notified the General Prosecutor’s Office and asked that the BC Chairperson be held responsible for overstepping his authority. The day before, President Dodon criticized this Decree issued by Dragos Vicol during a TV program on the Moldova 1 channel. He said that the Decree was unjustified, and that some of its provisions had to be revised. |
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While the state of emergency is in force, the meetings of the Broadcasting Council (BC) shall deliberate if at least four out of the total possible six members attend. This amendment was provided in Decision No 3 of the Commission for Emergency Situations (March 23) and went into effect when it was posted on the website of the Government. This decision also provides that the BC will be able to adopt resolutions through a majority vote of attending members, i.e., by a vote of three members instead of the usual five. On March 17, the BC started to communicate with the public only by e-mail to mitigate the risk of spreading the coronavirus
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In a public statement, Media NGOs condemned the assault against Nicolae Paholnitchi, NewsMaker.md reporter, committed by a participant of the protest organized by the veterans of the Transnistrian War (March 2). While the reporter was live-streaming the protest in front of a Government building, one protester tried to take his phone away, angry that the reporter asked him a question in Russian. The signatories of the statement highlighted that the law on assemblies provides that such events shall take place peacefully, and that any person may make audio or video recordings. Signatories called on the organizers and participants of the protests to take into account that any violent behavior against the media is a severe violation of journalists’ rights. The deliberate obstruction of media activity is subject to criminal liability, according to Article 180 1 of the Criminal Code. The statement was signed by the Independent Journalism Center, the Association of Independent Press, the Association of Electronic Press, the Center for Investigative Journalism, the Press Freedom Committee, the Association of Independent TV Journalists, and the “Acces-Info” Center. |
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Media NGOs expressed their concern about the degradation of the language used by the Government in public communication. When asked by a reporter of the weekly Ziarul de Garda newspaper to schedule an interview with the Prime Minister, adviser to the PM Vitalie Dragancea said: “ I will choose the mass-media institution that has the greatest impact.” Earlier, Prime Minister Ion Chicu, who was invited to attend the talk show “In profunzime” [In Depth], wrote on social media that he would go to another TV channel because “that’s where television is and not ‘Santa Barbara.’” Media NGOs reminded the authorities that the Government has an obligation to engage in efficient communication with various media institutions, so that information can reach a wider public and not just the supporters of certain political parties. In this context, the signatories of the statement asked PM Chicu, his advisers, and the communication officers to adopt a fair and non-discriminatory behavior to all journalists and editorial offices. |
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The television is the primary and most trusted source of information about coronavirus in Moldova, according to a survey on the perception of the population about COVID-19 and the electoral barometer published on March 17 by the company Date Inteligente SRL (iData). 74.4% of respondents watch TV to learn about the epidemiological situation, 52.7% check social media, while 40.3% go to news websites for information. Only 20.3% get their news from the Ministry of Health press releases and other official releases. The survey covered 326 individuals via phone and via expert methods. The data was collected between March 13-15 and included 42 administrative units, including three from the left bank of the Nistru River.
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According to a study issued by the Association of Independent Press, roughly half of a series of journalistic investigations published during July 2017 - July 2019 were not followed up with any response from state institutions. The analysis targeted 26 investigations into the integrity of public officials. Of these, only 11 cases recieved a response when journalists approached authorities to take appropriate measures, and in only four other cases – a response was made at the initiative of the authorities. The authors of the study recommended the authorities appropriately respond to the information published by the media without waiting to be notified, particularly in cases of investigations that reveal the lack of integrity of people holding public offices.
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The Supervisory Board (SB) of Teleradio-Moldova elected Violeta Cojocaru as Chairperson on March 3. Six of the seven members attending the meeting voted in her favor. Cojocaru holds a Ph.D. in law and has been working in the field for 24 years. According to the website of Moldova State University, she is also the head of the International and European Law Department at the Faculty of Law. She became a member of the SB in April 2019. A new Chairperson of the SB had to be elected when the mandates of two members of the board – Nicolae Spataru and Marina Turcan – ended on March 4. The Broadcasting Council announced a new competition for the other three vacant member positions in the SB.
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The Centru Chisinau Court rejected the request for summons filed by Exclusiv Media Company, which is owned by the PSRM MP Corneliu Furculita, against RISE Moldova and the journalist Iurie Sanduta. The Decision on March 3 was adopted after the case was sent for retrial. More than three years ago, Exclusiv Media demanded that the information from an article published in September 2016 – “Dodon’s Money From the Bahamas“ – about off-shore transactions involving Exclusiv Media, be refuted. According to a document posted by RISE Moldova on its Facebook account, judge Maria Turcan rejected as unsubstantiated Exclusiv Media’s request “on protecting one’s professional reputation, imposing the obligation to refute false and denigrating information, collecting non-pecuniary damage and trial expenses.” Note that RISE Moldova journalists were sued by Exclusiv Media and the PSRM in November 2016 for the same investigation. The two case files were examined separately and had different outcomes. In the second instance (PSRM vs. RISE), journalists lost partially in all three national levels of the court system, with the case ultimately reaching the European Court of Human Rights. “The ECtHR communicated the request to the Government. The Government, represented by the Governmental agent, applied for revision of a judgment that was to be examined by the Court of Appeal,” said lawyer Vitalie Zama.
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MP Iurie Renita (PPDA) posted on his Facebook account about a EUR 1.5 million loan agreement between Westerby Limited from the Bahamas and the Exclusiv Media Company. The latter belongs to the PSRM MP Corneliu Furculita, who manages the TV channels NTV Moldova, Exclusiv TV, and the newspaper “Argumenty i Fakty.” Renita claims that the money was used for Dodon’s 2016 presidential elections campaign. According to the documents posted by the MP, the loan agreement between the two companies was signed on February 15, 2016, and the money needed to be returned one year later – on February 27, 2017. The loan agreement seems to have been entered into by Zulphy Saday Santamaria Guerrero, Director of Westerby Limited, and now-Socialist MP Petru Burduja, who was also Director of Exclusiv Media. Renita previously published other documents from the case “Dodon’s Money From the Bahamas” that revealed that several members of PSRM signed loan agreements. The General Prosecutor’s Office announced that the criminal prosecution work regarding the case of alleged money laundering affairs involving people from PSRM is still ongoing as well
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On March 26, the Government rejected the initiative of two MPs, depriving off-shore residents of the right to own television channels or companies providing media services and party leaders from owning radio stations and TV channels. Prime Minister Chicu qualified this initiative as an attack on freedom of the press, while the Minister of Justice Nagacevschi called this document “populist.” The Government opinion mentioned that the suggestions of the draft law are not compliant with the provisions of the Integrity Law. The draft law had been registered with the Parliament by the MPs Sergiu Litvinenco and Veronica Rosca from Action and Solidarity Party. If it enters into force, the amendments would also impact Corneliu Furculita, a socialist MP who is part of the PSRM Political Executive Committee and owner of NTV Moldova and Exclusive TV (TNT) channels.
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Prosecutors initiated five criminal cases and three criminal proceedings regarding the unlawful wiretapping of several journalists, politicians, and other public individuals by law enforcement (2017-2019). According to the General Prosecutor’s Office, four prosecutors and five investigation officers, including a head of a subdivision of the National Inspectorate of Investigation of the GPI, were concerned in the case. In the official press release, the institution mentioned that the investigation “The Ministry of Wiretapping” published by RISE Moldova came to the attention of the GP. It revealed that 52 individuals, including politicians, civil society representatives, and even journalists were targeted by prosecutors and police officers who allegedly wiretapped their phones and monitored their private life. Besides the initiated cases, 13 disciplinary procedures were launched against seven prosecutors, and the information was sent for examination to the Disciplinary Board of the Superior Council of Prosecutors.
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On March 5, the Anti-Corruption Prosecutor’s Office (APO) issued an order and refused to initiate criminal prosecution based on the request filed by MP Chiril Motpan (PPDA) regarding the alleged wiretapping of several journalists, public persons, and representatives of civil society. In an official answer for Media Azi, prosecutors argued that the facts included in the request were not confirmed. According to the prosecutor Ion Munteanu, the appeal filed by the former Chairperson of the Parliamentary Committee for National Security, Defense, and Public Order, Chiril Motpan, urged APO “to check the legality of the unlawful application of special investigation measures during 2015-2019 to certain public individuals, journalists and civil society representatives at the order of the former deputy of GPI, Gheorghe Cavcaliuc.” APO’s letter, submitted after the body examined the criminal proceeding, said that “the facts indicated in the request were not confirmed.”
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The General Prosecutor’s Office rejected the request by the leader of the Liberal Party, Dorin Chirtoaca, to investigate how Russian citizen Igor Chaika acquired two TV channels and what role President Dodon had in this transaction. According to an official answer for Media Azi (the Independent Journalism Center portal), examination of the request does not fall under the prosecutors’ duties. In January 2020, Dorin Chirtoaca requested the General Prosecutor’s Office to investigate how the Russian billionaire Igor Chaika, the son of the former Prosecutor General of Russia Yuriy Chaika, acquired 51% of the company “Media Invest Service,” which owns the TV channels Accent TV and Primul in Moldova and manages the country’s portals for Mail.ru and Ok.ru.
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Representatives of ten media outlets that reached the second stage of the small grant contest, organized under the “Understanding Audience Through Digital Assistance” project, met with the expert Kirill Artemenko, co-founder of the “Bumaga” media company from Saint Petersburg, Russia. During the two-day training, on March 13-14, participants discussed the power of media outlets, the importance of quality media content in keeping a stable audience, the importance of native advertising, and ways in which media can raise money. Ten media outlets were tasked with submitting their detailed project proposals by March 22. The selection committee will select four outlets that will receive EUR 5,000 in grants to implement online audience development initiatives for seven months (April 1 – October 31, 2020). The “Understanding Audience Through Digital Assistance” project is implemented by the Independent Journalism Center with the support of Internews and is financed by Sweden.
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On March 2, 45 pupils (9th to 12th grades) from the A.P. Cehov Theoretical Lyceum in Chisinau participated in a media education lesson facilitated by the journalist Dumitru Stoianov. At the lesson, they learned about how they can cultivate critical thinking and how the Media Education school subject can help them in this regard. “We must be creative, ask questions, find answers, and use our critical thinking to filter all information. This approach is appreciated all over the world,” said Dumitru Stoianov. The media education lessons are held by the Independent Journalism Center in partnership with Internews in Moldova under the “Strengthening the support for independent Russian-language media outlets and the efforts in education for media field” project. The Project is financially supported by the Embassy of the Kingdom of the Netherlands.
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New Media Forward Policy Brief
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In March, Freedom House published the latest policy brief in the Media Forward series. The new brief by Natalia Ionel and Victor Gotisan analyzes the state of freedom of access to information in Moldova, identifying political, bureaucratic and legislative obstacles facing journalists and citizens.
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New Media Freedom Matters Grantees Selected
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Freedom House’s newly selected grantees under the annual Media Freedom Matters (MFM) mini-grant program will launch activities in April 2020. Initiatives under this program seek to improve the regulatory and working environment for independent media at local and grassroots levels. Piligrim Demo will undertake a new project to facilitate an expert-level evaluation of the media legislative framework in Gagauzia and local media monitoring to determine biases in reporting coverage. Cu Sens, a new media NGO in Chisinau founded by three award-winning journalists, will produce a series of innovative video investigations and explainers regarding cases of corruption and human rights violations in Moldova.
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How do journalists inform the public about the coronavirus epidemic? What journalistic lessons can we learn now, and what are the mistakes we must avoid? How should we communicate during times of crisis, and what should be the relationship between the media and the authorities? Elena Cioina, a media coordinator from the E-Sanatate [E-Health] media platform, explores these matters in a new edition of the Media Azi Show.
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According to the Moldova Press Status Index (MPSI) in Moldova, developed by the Independent Journalism Center, the media worked in critical conditions in 2019. Of the total seven indicators assessing the status of the media, four indicate that the situation is critical, and another three – that it carries serious problems. Why has journalism in the Republic of Moldova regressed? Journalist Dumitru Stoianov analyzes the media situation in Media Azi Show.
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The coronavirus pandemic and the establishment of a state of emergency test the journalistic guild. Reporters and press managers talk on Media Azi Show about the difficulties they face during this period.
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