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HomePress CommuniqueMONITORING THE IMPLEMENTATION OF THE BROADCASTING CODE’S PROVISIONS
MONITORING THE IMPLEMENTATION OF THE BROADCASTING CODE’S PROVISIONS
19.06.2008

Organizing and unfolding the radio frequencies and TV channels contest of 7 Mai 2008 bore a faulty character and ran with deviations from the law. This is one of the conclusions of the case study carried out by 10 NGOs dealing with media and human rights, which, under the aegis of the APEL Electronic Press Association, monitor the way in which the Broadcasting Code is being applied.

The project monitors consider that the contest was unfolded as the BCC did not expressly develop the requirements for the program services for the bidden radio frequencies and TV channels, as the law provides. At the same time, the applicants' dossiers were assessed without clear, exact, measurable selection criteria, that the BCC was obliged by law to develop and make public. Without those ones, the credibility of some BCC decisions on granting radio frequencies and TV channels was doubted by frequency applicants.

Also, the BCC's decision on the results of the contest does not contain reasons upheld by persuasive arguments and explanations justifying the results of the vote. Thus, the experts find that the BCC repeatedly adopts decisions without arguing them, breaching art.40 para.(4) of the Broadcasting Code. In the monitors' opinion, the phrase following public debates and in accordance with the results of the voting, the winner is …”, used every time in the BCC's decision as “an argument”, is far from representing a criterion of reasoning the made decisions.

Further non-observing some exact provisions of the Broadcasting Code by the way of unfolding the contest and of making decisions arises the suspicion and puzzlement of applicants, public opinion, program consumers, affects the BCC's image as an autonomous public authority responsible for the application and observance of the Broadcasting Code, and as a representative and guarantor of the public interest in broadcasting, jeopardizes the process of approaching the values of the European democracy.

***

The media- and human rights-dealing NGOs, under APEL’s aegis, are monitoring the practical application of the provisions of the Broadcasting Code. The project implementing team is made up of experts and consultants from the civil society: the Association of Independent Lawyers, the Independent Press Association, the Independent TV Journalists Association, the Acces-Info Center, the Independent Journalism Center, the Press Freedom Committee, the Committee for the Defense of Human and Professional Rights, the Lawyers for Human Rights, the Journalists Union, OWH-Studio.

Through the project “Monitoring the implementation of the Broadcasting Code”, financed by the Soros Foundation-Moldova, one pursues to institute a mechanism of public control over the mode in which the Moldovan Broadcasting Law is being applied..

Chişinău, June 19, 2008

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HomePress CommuniqueMONITORING THE IMPLEMENTATION OF THE BROADCASTING CODE’S PROVISIONS
 
 
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