29 July 2019
The Independent Media Commission (IMC) on July 24, 2019, under the chairmanship of the Chairman of the IMC, Mr. Muja FERATI, held the eighth regular meeting for 2019.
Initially, the Committee approved the agenda of the meeting and then the minutes from the last meeting.
During the meeting, the IMC has reviewed the Quarterly Report April - June 2019 on the work of the IMC. After the review, the Commission approved the report 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 Law no. 04/L-44 on the Independent Media Commission.
In relation to the monitoring of the media for their compliance with the IMC legislation, the Commission has also approved the "Monitoring Report of the central news of the AMSPs during the period April - May 2019”.
IMC, based on Article 3, paragraph 2, point 11 of the Law on IMC, has initiated the procedure for drafting a Regulation to support audio and audiovisual media service providers with local and regional terrestrial coverage. As provided by the procedures for the issuance of secondary legislation (Article 8 of the Law on IMC, Law No. 04/L-44), the IMC in accordance with the Law, has put in public discussion the draft regulation, where all interested parties had the opportunity to provide their written comments/remarks on the draft, regulation on the support of providers of audio and audiovisual media services with local and regional terrestrial coverage. The public consultation started on December 26, 2018 and lasted until May 31, 2019. After the review, the Commission approved the Regulation on the support of providers of audio and audiovisual media services with local and regional terrestrial coverage.
The Commission has also discussed the complaints of the SPs against the Decision of the Commission - "Mandatory Transfer". After the discussion, the Commission decided to repeal Decision no. 1906/783/IMC/mf through which are excluded from the list of mandatory transmission Media Service Providers who transmit outside the terrestrial transmission network (outside the frequency band). As well as to address the request of Media Service Providers for exemption from the mandatory transfer, a Working Group is established to initiate the amendment of the Regulation on the Distribution of Audio and Audiovisual Media Service Providers IMC-2016/01.
The Commission reviewed several legal cases related to violations of IMC legislation, namely the violation of the Code of Ethics for Audio and Audiovisual Media Service Providers and Chapter VIII of the Law on General Elections. Regarding the violation of the Code of Ethics, the following cases were reviewed:
KTV – Complaint from Mr. Lulzim Kadriu - after reviewing this case the Commission decided that KTV has acted in accordance with the Code of Ethics KKPM-2016/03 for Media Service Providers in the Republic of Kosovo and the complaint alleging that KTV violated his individual rights in order to denigrate his personality, is rejected as unfounded.
Regarding the violation of the IMC Code of Ethics during the reporting of the police action in the north of the country, the following cases were reviewed: Klan Kosova, KTV, RTK1, RTK2, TE7, TV21, TV Dukagjini. Whereas, during the reporting of the case known as the “Roma woman” the following cases were reviewed: Klan Kosova, KTV, TE7, and TV Dukagjini.
Based on the monitoring, the IMC found that all the above-mentioned AMSPs when reporting the case of police action in the north of the country, during the reporting of this event, they broadcasted videos in which the arrested suspects were revealed and identified.
After reviewing the cases, the Commission found that all the above-mentioned media companies have violated Article 7 paragraphs 2, and 3, of the Code of Ethics CIMC-2016/03. The Commission decided that the responsible parties should be sanctioned with Reprimand pursuant to Article 30, paragraph 1, of the IMC Law, for violation of Article 7, paragraph 2, of the Code of Ethics CIMC-2016/03. The responsible parties are also obliged in the future to pay due attention to the protection of the identity and integrity of the suspects in order to act in accordance with the Code of Ethics CIMC-2016/03.
On the violation of the Election Law and the Code of Ethics during the campaign and Election Day in the north of the country, 2 cases were reviewed: TV Most and TV Puls.
Following the review of these cases, the Commission decided to sanction the above mentioned AMSPs with Reprimand in accordance with Article 30, paragraph 1, of the IMC Law, for violation of Article 5 paragraph 6 of the Code of Ethics CIMC 2016/03 for Providers of Media Services in the Republic of Kosovo. The above-mentioned AMSPs are obliged to pay due attention to the language used during the broadcasting in the future, in order to comply with the Code of Ethics CIMC-2016/03.
During the meeting, the IMC Commission has addressed several requests in licensing cases, namely the request for name change from Radio Drenas, as well as the request for licensing of AMSP with broadcasting through SP for 8 channels from Albatrade Music & Movie LLC.
After reviewing the cases, the Commission decided to approve the request for name change from Radio Drenas and to reject the request for licensing of AMSP with SP broadcasting for 8 channels from Albatrade Music & Movie LLC, because it submitted an incomplete application and did not meet the legal criteria according to the Law and bylaws of the IMC. The candidate is notified that he/she has the right to apply again for a license of audio and audiovisual media service providers, after fulfilling the legal criteria defined by the IMC Law.
INDEPENDENT MEDIA COMMISSION