Ro
En
Рy
This recommendation was voiced at the discussion about conflict of interest in the SB, which was the topic of the 49th edition of the "Media Azi" show, produced by the Independent Journalism Center (IJC). Participants in the show considered that there was a deviation from the laws in force, which seriously affected the integrity of the SB, since SB member Stela Nistor has been senior State councilor for the Prime Minister of Moldova for two years now, and this position, according to the law on public office and the statute of civil servant, is incompatible with other paid jobs.
“Given that members of the SB should monitor the work of Teleradio-Moldova, watch over the implementation of laws, be transparent, see whether journalists abide by professional ethics, we expect SB members to abide by professional ethics and not violate laws, too,” believes Nadine Gogu, Executive Director of the IJC, who moderated the show.
“Having a government official perform certain decisive functions in this public company, we must ask: Is Teleradio-Moldova a public institution or not?” said a guest of the show, journalist Ion Terguta.
Contacted by Media Azi, Stela Nistor said: “I don’t want to comment on the opinions of participants in this show. I just want to say that I am not in the situation of incompatibility under Article 57 of the Broadcasting Code, and I am not and have never been a civil servant.”
Nicolae Spataru, Chairman of Teleradio-Moldova’s SB, refused to comment on this situation, motivating it by the fact that he was on sick leave at the moment. “I don’t know what conflict of interests you are talking about,” he told us.
Below is a short commentary on the topic from media expert Ion Bunduchi:
“It is a clear conflict of interest. I will not refer to the law on the conflict of interest. I will invoke the imperfect Broadcasting Code, which, in Article 57 (2), says: ‘The function of member of the Supervisory Board is incompatible with:
a) the status of Member of Parliament, Member of Government, Member of the Broadcasting Coordinating Council;
b) the quality of direct or indirect holder of shares or parts of the statutory fund of companies working in areas that are in conflict of interest with membership in the Supervisory Board;
c) the status of employee of the Company;
d) membership in a political party.’
It would seem that everything is ‘perfectly legal,’ as some politicians liked to say after the de facto liquidation of the rebel Antena C radio station. But we should understand: there is letter of the law and spirit of the law. The letter says everything’s OK – there are no party members, MP’s or members of Government in the SB. The spirit, however, contradicts the letter. On the one hand, no law can include an exhaustive list of the situations it regulates. On the other hand, paragraph (2) of Article 57 of the Code, by its spirit, tells us that SB members must come from areas far from the parliament, government, politics, etc. precisely in order not to influence them in any way in the honest and bona fide performance of their duties or not to raise suspicions (reasonable in the case of the SB) that SB members fulfill the orders of someone who has certain interests.
The law is imperfect. But the law, even a perfect one, is the least necessary to a person who values fairness. There is always room for wise decisions that, by the way, cannot be copied from laws.”
