The signatory NGOs express their concern in relation to the legislation of the new mechanism for suspending the licenses of television stations, which involves the temporary suspension of the validity of the permissive acts, in the absence of a decision from the court. The signatory NGOs condemn the lack of transparency in the process of drafting, voting and implementation of the new legal mechanism and call on the authorities to abandon such practices.
On the evening of December 29, 2023, the decision was published by which the Council for the promotion of investment projects of national importance suspended the broadcast licenses of television stations – previously referred to in the suspension provisions of the Commission for Exceptional Situations. According to the document, the restrictions were imposed “for the period necessary to provide some information and documents”, requested because the authority would have found that the six media institutions made “investments in areas of importance for the security of the state”.
We remind you that, on December 8, 2023, the Prime Minister of the Republic of Moldova, Dorin Recean, announced that “the 12 TV stations with licenses suspended by the CSE, which are propaganda, will not be able to broadcast in the new year even if the state of emergency ends “). Until December 29, 2023, when the restrictive measures were approved, the authorities kept secret the legal mechanisms they intended to implement, despite attempts by the media to find out information about the “legislative packages that allow the Executive to manage the situation outside of the state of emergency.
In fact, the mechanism for suspending TV station licenses outside of the state of emergency was legislated by a bill voted and promulgated on December 22 and respectively published on December 23, 2023. Initially, the bill in question provided for a series of interventions on several normative acts, pursuing the goal of “ensuring the integrity and functionality of the electricity market”. It was consulted and approved by the relevant authorities between August and November 2023 and voted in the first reading.
The suspension of the broadcasting license represents a profound interference with the right to free expression. Until the new mechanism appeared, the law allowed the forced suspension of broadcasting licenses only on the basis of a court decision. We believe that the recently legislated levers, held by the Council for the promotion of investment projects of national importance, have a major potential to be used to the detriment of the freedom of expression of the press.
The lack of transparency shown by the authorities in the process of legislating the license suspension mechanism constitutes a practice that defies the legislation that regulates the participation of civil society in the governing act.
In the context of the aspirations of the Republic of Moldova to join the European Union (EU), we remind you that art. 15 of the Treaty on the Functioning of the EU enshrines the principle of transparency, establishing that decisions must be taken in a manner that is as open as possible and closer to the citizen.
The signatory organizations request the authorities to ensure:
(1) the fact that any restriction of freedom of expression is allowed only to protect a legitimate interest provided by law and only if the restriction is proportional to the situation that determined it, respecting the fair balance between the protected interest and freedom of expression expression, as well as the public’s freedom to be informed;
(2) compliance with the conditions of public consultation and involvement of relevant actors in the process of identifying legal and necessary solutions.
- Center for Independent Journalism
- Association of Electronic Press
- Promo-LEX Association
- “Access-Info” Center
- Legal Resources Center from Moldova
- Amnesty International Moldova
- Association of Environmental Journalists and Ecological Tourism
- National Association of European Trainers from Moldova
- National Youth Platform for Active Participation
