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Announcement from the meeting of the Independent Media Commission

02 March 2020

The Independent Media Commission (IMC) held its second regular meeting for 2020 on 28 February 2020, chaired by the IMC Chairman, Mr. Muja Ferati.

The Committee initially approved the agenda of the meeting and then the minutes from the last meeting.

In the course of the meeting, the IMC Commission examined several applications in licensing cases, namely applications for licensing of a distribution operator on satellite platform and a distribution operator on cable platform:

TDS LLC - Decision on licensing of the distribution operator on satellite platforms; and

TelKos - Decision on licensing of the distribution operator in cable platforms.

After considering the recommendations of the Executive Office on licensing cases, the Commission approved both applications, which met the IMC legal criteria.

Regarding violations identified from the monitoring of Audiovisual Media Service Providers (AMSP) during the campaign for 2019 early elections, IMC has initiated several legal cases which relate to violations of the legislation of the Independent Media Commission, respectively Article 49 paragraph 7, Chapter VIII of the Law on General Elections in the Republic of Kosovo No. 03/L-073, for the implementation of which the IMC is responsible. The Commission has examined the following cases, which did not submit the election diaries to IMC, according to the legal obligation:

Fwf City Radio; TV Dukagjini; Radio 7; Radio Bambus; Click Channel; Rrokum TV; Tribuna Channel; Zëri TV; Radio Gora; Radio Helix; Radio Omega 3; Radio Romano Avazo; Spin TV; TE7; and TV Dielli.

After examining the cases, the Commission found that all these media service providers have violated Article 49 paragraph 7, Chapter VIII of the Law on General Elections in the Republic of Kosovo No. 03/L-073 and decided to impose on them the sanctioning measure of Warning.

Regarding the violation of the Regulation on the Protection of Children and Minors in Audiovisual Media Services, the following cases were examined: Rrokum TV; TV Opinion; TV Vali; Rtk 2; TV Prizren; and TV Puls.

After examining the cases, the Commission found that all these AMSPs have violated Article 3, paragraph 1, and paragraph 3 of Regulation IMC-2013/01 and decided to impose on them the sanctioning measure of Warning. Also, all the above-mentioned AMSPs are obliged to adopt a Practice Code in which they will set self-regulatory standards for broadcasting programmes that may have a detrimental effect on children and minors and bring this approved Code to the IMC within thirty (30) days.

As for the violation of the Regulation on the Distribution of Audio and Audiovisual Media Service Providers, the Commission has examined two cases:

J@B NET - After examining the case, the Commission found that this distribution operator has violated Article 4, paragraph 1, Article 12, paragraph 2, as well as Article 19, paragraph 2, of Regulation IMC-2016/01. The Commission imposed the sanction measure of a fine of 2,000 (two thousand) Euro and ordered the distribution operator to immediately stop broadcasting English Premier League football matches.

COMNET-A - After examining the case, the Commission found that this distribution operator has violated Article 4, paragraph 1, of Regulation IMC-2016/01. The Commission imposed the sanction measure of a fine sanction of 2,000 (two thousand) Euro and ordered the distribution operator COMNET-A to immediately stop rebroadcasting the channels of the platform of the operator Kujtesa Net.

INDEPENDENT MEDIA COMMISSION