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The Conflict on Subtitles Between Jurnal TV and the BCC Continues

23 December 2013
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The representatives of Jurnal TV television outlet asked the Parliament, the Government, the EU Delegation in Chisinau, and other competent institutions to dismiss the members of the Broadcasting Coordinating Council (BCC) for actions that violate the rules of competition and allow discrimination, as Jurnal.md informs. In addition, the outlet’s management asked the BCC to compensate damages in the amount of two million lei. Jurnal TV also invokes a decision of the Supreme Court of Justice that confirms the BCC’s unfair competition.

On the other hand, on Friday, 20 December, the BCC examined a preliminary application of the limited liability company Jurnal de Chișinău Plus, in which the former was asked to pay, within 15 days, over two million lei to the television outlet. The BCC found the application unfounded and unreasoned, and so rejected it.

The conflict between Jurnal TV and the BCC arose from the outlet’s representatives accusing the BCC of failing to penalize the broadcasters that violated the law by airing films in the Russian language without translation or subtitling into Romanian. Jurnal TV representatives claim that their outlet is one of the few that bear the expenses for subtitling and dubbing.

The BCC chairman Marian Pocaznoi is of a different opinion. “We have two court decisions in our favor in the case on whether the BCC acted legally or illegally when it penalized or failed to penalize broadcasters in connection with subtitling of films. Subsequently, on the same issue, the Supreme Court of Justice decided in favor of Jurnal TV, saying that the BCC promoted unfair competition. In this situation, there are grounds for soliciting the Superior Council of Magistracy to review this court decision,” Marian Pocaznoi said at the meeting on Friday.
Ion Bunduchi, media expert and head of the Program Service of the Radio Moldova Actualitati radio outlet, said that broadcasters should fulfill the commitments they undertook upon receiving broadcasting licenses. “It is certain that no broadcaster could or should have won a licensing contest without undertaking to observe the existing regulatory framework, including the commitment to provide subtitling or dubbing whenever necessary,” Bunduchi said for Media Azi.

At the same time, the expert wondered who should supervise compliance with these provisions. “Not all broadcasters fulfill this commitment, and those who do, still fail to do it on time and fully. But did anything happen to them? And if yes, what happened? Finally, if the regulatory framework works for some and does not work for others, who is responsible? Who must get things under control? And what are the feelings of those who actually abide by the law?” Bunduchi concluded.

Jurnal TV also announced that until the dismissal of current BCC members and appointment of new ones, it will be ignoring “the legal acts issued by this discredited institution”.

Source of photo: www.unimedia.info