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.
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.
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
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.
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.
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.
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..
June 19, 2008