A New Attempt to Substitute The Legal Powers of The BCC in Gagauzia

On Wednesday, January 27, the Broadcasting Coordinating Council (BCC) notified the Presidential administration, the Parliament, the Government, Prosecutor General’s office, the Ministry of Internal Affairs and the Information and Security Council about a draft law developed by the People’s Assembly of Gagauzia that was intended to amend and supplement the Law of Gagauzia on broadcasting, no. 66-XXVIII/III of July 10, 2007.

The broadcasting regulator qualifies this draft law as an attempt “to establish censorship in the broadcasting media of the territorial autonomy” and to substitute the licensing, supervision and control powers of the central government and public authorities, and so it is “an attempt at the sovereignty and integrity of Moldova.”

The draft law provides for substitution of the legal powers of the Broadcasting Coordinating Council and the National Regulatory Agency for Electronic Communications and Information Technology in issuing broadcasting licenses, usage licenses and retransmission permits, including for terrestrial frequencies, which is a violation of the law. The Broadcasting Code stipulates in Article 12: “The spectrum of radio frequencies or terrestrial radioelectric waves is the state’s national heritage that can be used only under the law.”

Also, according to the BCC, the draft law aims at the establishment of a new procedure for selection and appointment of members for the Supervisory Board of the “Gagauziya Radio Televizionu” regional public broadcaster, different than the one stipulated by the Broadcasting Code of Moldova, and the establishment of control over the activity of the “Gagauzia Radio Televizionu” regional public broadcaster.

A similar attempt took place in 2014, when the People’s Assembly of Gagauzia adopted Law no. 328-XXIII/V of November 04, 2014 on modifying and supplementing the same law on broadcasting. Like now, the BCC notified authorities about it, and the State Chancellery territorial office in Comrat filed to the administrative court an action on its annulment for the reason that it was illegal and issued “in violation of the current legislation and competence.” On June 01, 2015, the Comrat Court fully accepted the action, and on October 20, 2015, the Comrat Court of Appeal dismissed the appeal and upheld the first instance judgment.

Media expert Ion Bunduchi, executive director of the APEL Association of Electronic Press, has qualified this new attempt to substitute the BCC powers in the region as “a regrettable and dangerous consequence of poor dialogue, and sometimes lack of dialogue, between Chisinau and Comrat,” and he believes that it happens because “the country’s laws either don’t work or work poorly.” In his opinion, besides decision makers, the directly affected people – employees and beneficiaries of mass media – should react to such situations, too. “I am not sure, though, that there is anyone who could properly react to eventual legitimate reactions of those directly affected,” concluded expert Ion Bunduchi.