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ANNOUNCEMENT FROM THE MEETING OF THE INDEPENDENT MEDIA COMMISSION

16 December 2019

The Independent Media Commission (IMC) held its thirteenth regular meeting for 2019 on 12 December 2019, chaired by the IMC Chairman, Mr. Muja FERATI.

At the beginning of the meeting, the Commission approved the agenda and the minutes from the last meeting.

In the course of the meeting, the IMC Commission examined several applications in licensing cases. These applications related to the renewal of the license as well as the requirements for the licensing of the AMSPs with broadcasting through the distribution operator.

The Commission examined the following licensing cases:

Tribun  a Channel - Recommendation for renewal of the license for AMSP;

TV Arta - Recommendation for renewal of the license for AMSP;

Ekran - Film Buçko - Recommendation for licensing as AMSP;

Ekran - Film Autokton - Recommendation for licensing as AMSP;

Ekran - Film Apslout - Recommendation for licensing as AMSP;

Ekran - Doku Univers - Recommendation for licensing as AMSP;

Ekran - Film Ikon - Recommendation for licensing as AMSP;

Ekran - Musicalb - Recommendation for licensing as AMSP;

Ekran - Music Super Hits - Recommendation licensing as AMSP; and

Ekran News - Recommendation for licensing as AMSP;

After considering the recommendations of the Executive Office for each of the licensing cases, the Commission concluded that all applications met the IMC legal criteria. Therefore, the Commission decided to approve all applications for license of the media service provider through distribution operators as well as license renewal applications.

The Commission examined several legal cases related to violations of IMC legislation, namely violations of the Code of Ethics for Audiovisual Media Service Providers and Regulation IMC-2016/01 on Distribution of Audiovisual Media Service Providers. After examining these cases, the IMC Commission came to the conclusion that all the above-mentioned entities have violated the IMC legislation and decided:

KTV case, based on a complaint by Istogu Family. Regarding the complaint in this case, following its examination, the Commission decided to request from KTV that within 7 days after receiving this decision, to apologizethrough broadcasting to the complainant for broadcasting personal data of their son's health condition, as defined by Article 30, paragraph 1, point 2 of the Law on the IMC.

Complaint of the distribution operator ART Motion against the distribution operator Kujtesa Net for rebroadcasting of some Turkish channels without broadcasting right. Regarding the complaint in this case, following its examination, the Commission decided to order Kujtesa Net to immediately stop rebroadcasting Turkish channels: A HABER, TGRT HABER, TRT 1, TRT HABER, TRT TURK, TRT MUSIC, TRT BELGESEL in order to comply with Article 4, paragraph 1 of Regulation IMC-2016/01. The Respondent is sanctioned with a Warning pursuant to Article 30, paragraph 1 of Law on the IMC for violation of Article 4, paragraph 1 of Regulation IMC-2016/01. If Kujtesa Net fails to remove the above-mentioned channels from the distribution platform when this decision becomes final, the IMC Commission will take other sanctioning measures against Kujtesa Net pursuant to Article 30 of Law on the IMC.

Complaint of the distribution operator ART Motion against the distribution operators for rebroadcasting ALSAT-M channel without broadcasting right: Bledi, Fiberlink, Galaktika, Kadria Net, Kumanova Cable, Tel Communications, Telkos, Isp Broadcast, Kujtesa Net. Regarding the complaint in these cases, following its examination, the Commission decided to order the above-mentioned distribution operators to immediately stop the rebroadcasting of ALSAT M channel in order to act in accordance with Article 4, paragraph 1 of Regulation IMC-2016/01. Respondents are sanctioned with a Warning pursuant to Article 30, paragraph 1 of Law on the IMC for violation of Article 4, paragraph 1 of Regulation IMC-2016/01. If, after the entry into force of this decision, the above-mentioned distribution operators do not remove ALSAT M channel from the distribution platform, the IMC Commission will take other sanctions against the above-mentioned distribution operators pursuant to Article 30 of Law on the IMC.

INDEPENDENT MEDIA COMMISSION