Moldova
[MD] Audiovisual Code Adopted
IRIS 2006-9:1/27
Andrei Richter
Comenius University (Bratislava)
On 27 July 2006 the Moldovan parliament adopted the Codul Audiovizualului al Republicii Moldova , No. 260-XVI (Audiovisual Code of the Republic of Moldova).
The Code replaces the earlier statutes “On Television and Radio” (of 3 October 1995) and “On Public National TV and Radio Organization Teleradio-Moldova” (of 26 July 2002) (see IRIS 2003-6: 10).
The Code regulates the activities of the Coordinating Council of the Audiovisual (regulatory authority - CCA), the national public broadcaster TeleRadio-Moldova and also orders the transformation of the existing local public TV and radio stations into “bureaux” of the national public broadcaster.
The Code consists of nine chapters dealing with both the general system of regulation of broadcasting, including advertising and sponsorship, and specifically that of the public broadcaster.
The Code establishes a regime giving preferable treatment to “European audiovisual works”, or programmes produced in Moldova, EU Member States and/or parties to the European Convention on Transfrontier Television (ECTT) and a regime of language quotas in broadcasting (by 2010 european works must reach 80 % of airtime and 80 % of daily broadcasts must be in Moldovan). The Code establishes a general list of designated events which it considers to be of major importance for society.
The Coordinating Council of the Audiovisual consists of nine members appointed by the parliament from among candidates proposed by two parliamentary committees. Their term shall be for 6 years. The Council shall be funded from the national budget, license fees, special taxes on broadcasters and grants. Its functions include licensing and control over compliance with the law in public and private broadcasting.
Overseeing of the activities of the public broadcaster Teleradio-Moldova shall be executed by a brand new body - Supervisory Council, which is elected for 4 years by the Parliament from among the candidates selected by the Coordinating Council after a public competition. It gives approval to the candidates of the Chairman of the Teleradio-Moldova, as well as to directors of radio and television.
Licenses for private broadcasters shall be for 7 years for TV or radio programmes, and 6 years for cable TV and wired radio.
References
- Codul Audiovizualului al Republicii Moldova , No. 260-XVI, Monitorul Oficial (N 131-133), 11.08.2006, available in Russian at:
- http://www.medialaw.ru/
- Audiovisual Code of the Republic of Moldova, No. 260-XVI, Official Journal (N 131-133) of 11 August 2006
- Council of Europe, Analysis and comments on the draft audiovisual Code of the Republic of Moldova, by Eve Salomon and Karol Jakubowicz, ATCM(2006)004, 15 May 2006
- http://www.parlament.md/download/expertises/ATCM(2006)004_en%20Moldova.pdf
- OSCE, Further Comments on the draft Audiovisual Code of the Republic of Moldova, by Dr. Katrin Nyman-Metcalf, OSCE expert, 10 May 2006
- http://www.parlament.md/download/expertises/Broadcasting%20Code%20Comments%20eng.doc
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.