Europe makes recommendations for modification of the Broadcasting Code

The Council of Europe (CoE) stated their opinion regarding the draft laws on supplementing and modifying the Broadcasting Code, which had been sent for their expert examination by Speaker of Parliament Andrian Candu in June 2015.

According to CoE experts, the proposals and recommendations concerning the two documents – the draft law on supplementing the Broadcasting Code of the Republic of Moldova no. 260-XVI of 27 July 2006 and the draft law on modifying and supplementing the Broadcasting Code of the Republic of Moldova no. 260-XVI of 27 July 2006 – are aimed at guaranteeing respect of freedom of expression and pluralism of opinions.

The CoE underlines the need to strengthen local broadcasting. Experts recommend multiplying the efforts of encouragement and development of the local broadcasting, mechanisms and measures that, from the systematic point of view, could be complementary to the provisions of the Broadcasting Code. Regarding the extension of prime time to the period of 18.00-24.00, the CoE finds that the broadcasting space meant for Moldovan producers and advertising agencies can be extended in order to encourage the local broadcasting.

At the same time, the CoE disagrees with the modifications concerning the jurisdiction of broadcasters. According to the legislative initiative, a broadcaster belongs to the Republic of Moldova if its offices are in Moldova, its license is issued by the Broadcasting Coordinating Council (BCC), and the editorial decisions are made in Moldova. “The problem of jurisdiction is currently one of the most difficult topics because of the new medium of communications and information and availability of a variety of opportunities to create different configurations for organization of media campaigns. It is advisable to keep the initial version of the provision,” CoE experts say.

The amendment that prohibits broadcasters to transmit and retransmit televisions and radios containing programs that are not produced in the EU member countries or are produced in the countries that have not ratified the European Convention of Transfrontier Television raises concerns among the CoE experts. According to their expert opinion, these restrictions of the broadcasting freedom should have legitimate goals, necessary in a democratic society.

Referring to sanctions, it is indicated that they need to be systematized and gradually applied in a manner that would be directly proportional with the committed violation. Vague and restrictive provisions generate censorship, and the solution to combating the phenomenon of false/misleading information consists in the pluralism of opinions, debates, and well-founded positions.

As for the sanctions applied to broadcasters, the CoE mentions that they must not be excessive, so that they do not encroach on the freedom of expression, but be proportionate with the offense. According to experts, before a broadcaster receives a sanction, it should be warned and given a reasonable period of time in order to analyze its work; the withdrawal of licenses is the last solution, which should be applied only in case of serious violations.

The CoE expert opinion also suggests that the modifications in the two draft laws enter into force together with the amendments referring to media owners’ transparency.

Since the two draft laws provoked discussions in society, they were sent for expert examination to international institutions – the Council of Europe, the Venice Commission, Freedom House, and OSCE Representative on Freedom of the Media.