06 February 2019
The Independent Media Commission (IMC) on 31st of January 2019 under the direction of the Chairman of IMC, Mr. Muja FERATI, held the first regular meeting for 2019 year.
Initially, the Committee has approved an agenda of the meeting and then minutes from the previous meeting.
Following the meeting, IMC has reviewed the Quarterly Report October - December 2018 on the work of the IMC. Upon the review, Commission has approved the report in order to be forwarded to the Assembly of the Republic of Kosovo, according to the procedure based on the legal obligation arising from Article 15 of the Law No. 04 / L-44 on the Independent Media Commission.
The Commission reviewed several legal cases related to the violations of IMC legislation, respectively violations of the IMC Code of Ethics, IMC Regulation-2013/01 on the Protection of Children and Minors in Audiovisual Media Services and of the Regulation on Copyright. One case was reviewed regarding violation of the IMC Code of Ethics:
-RTK 1 – complaint by Mr. Milaim Sejdini against RTK1 for violation of the Code of Ethics. Commission has reviewed the case, where all legal procedures and steps have been followed, thus upon reviewing,Commission decided: RTK 1 is being ordered that within seven (7) days to provide to the Complainant the right to declare in relation to the chronicle "Improvements in Education" in order to provide the Party an objective and correct presentation, as defined in Article 6, paragraph 7 of the Code of Ethics CIMC-2016/03. RTK 1 is sanctioned with a fine in amount of 2,000 (two thousand ) Euros, in accordance to Article 30, paragraph 1.3 of the Law on IMC Law for violation of Article 6, paragraphs 1 and 7 of the Code of Ethics for Media Service Providers in the Republic of Kosovo CIMC-2016/03.
Related to the violation of IMC Regulation-2013/01 on the Protection of Children and Minors in Audiovisual Media Services, two cases were reviewed:
-TV Vali and TV Puls - After reviewing these cases, IMC Commission has concluded that all the above-mentioned entities have violated IMC Regulation-2013/01 on the protection of children and juveniles in audio-visual media services. Commission decided to oblige all the mentioned subjects that within ten (10) days to categorise the contents which they transmit, to warn them prior commencing with verbal and acoustic signal, and to identify them with the respective visual symbol during their entire duration, according to the categorisation of programs defined by IMCRegulation-2013/01. Also, all mentioned subjects are obliged, based on Article 3, paragraph 5 of IMCRegulation-2013/01 to render the Practical Code in which they will determine the self-regulatory standards for the transmission of programs that may have harmful impact on children and minors, and bring an approved Code to the IMC within thirty (30) days. Whilst, in relation to the violations committed hitherto, Commission decided to sanction all entities mentioned with the sanctioning measure with Remark, in accordance to Article 30, paragraph 1 of the Law on IMC, for violation of Article 6, paragraphs 3 and 4 and Article 7 , paragraphs 1 and 3 of the Regulation on the Protection of Children and Minors in Audiovisual Media Services IMC 2013/01.
One case was reviewed regarding violation of IMCRegulation-2013/02 on Copyright in Audiovisual Media Services:
-Tribuna Channel - The Commission has reviewed the case, where all legal procedures and steps have been followed, therefore upon reviewing, the Commission has decided: Tribuna Channel is being obliged to immediately interrupt broadcasting content for which does not have a valid copyright agreement, and to ensure that such caseshall not be repeated, as defined in Article 5, paragraph 2 of IMC Regulation-2013/02. Tribuna Channel is sanctioned with a fine in the amount of 1,000 (one thousand) Euros in accordance with Article 30, paragraph 1.3 of the Law on IMC for violation of Article 4, paragraph 1 of IMCRegulation-2013/02 on Copyright in Audiovisual Media Services.
One case was reviewed regarding violation of IMC Regulation-2017/07 on Audiovisual Commercial Communications:
-Tribuna Channel - Commission has reviewed the case, where all legal procedures and steps have been followed, therefore upon reviewing, the Commission has decided: to sanction Tribuna Channel with Remark, in accordance to Article 30, paragraph 1 of the Law on IMC for violation of Article 10, paragraph 1, and Article 11, paragraph 1 of IMC Regulation-2017/07 on Commercial Audiovisual.
As well, in the present meeting IMC has addressed some requests in the licensing cases:
Distribution OperatorEGC –request for license termination
Distribution Operator Intersat – request for license termination
Distribution Operator Drinia Net – request for license termination
Distribution Operator Albi@Net –request for license termination
Audiovisual Media Service ProviderAmerican TV of Kosova – licence applicationof MSP through distribution operators.
Upon reviewing these cases, Commission has approved the licence application of MSP through distribution operators, as well applications for license termination for four Distribution Operators.
INDEPENDENT MEDIA COMMISSION