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NOTIFICATION FROM THE MEETINGOF THE INDEPENDENT MEDIA COMMISSION

27 March 2019

The Independent Media Commission (IMC) on 21st of March 2019 under the direction of the Chairman of the IMC, Mr. Muja FERATI, has held the third regular meeting for 2019 year. Commission approved an agenda of the meeting and the minutes of the previous meeting.

Following the meeting, IMC has reviewed an Annual Report for the period 1 January 2018 –31 December 2018 on the work of IMC. Upon the review, Commissionhas 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 3, paragraph 2.8 of the Law No. 04 / L-44 on the IMC.

In the course of the work of IMC with the process of issuing radio licenses in 7 municipalities of the Republic of Kosovo, in the present meeting was approved composition of the Evaluation Commission, which shall handle evaluation of applications for the new radio licenses according to the vacancy announced on 15 February 2019. Based on the request of the stakeholders and in order to create a genuine competition in all locations in which free radio frequencies have been announced, the Commission decided to extend the deadline of the public vacancy on radio frequencies for another 15 days.

Whereas, in relation to the further proceeding of the work in the digitalization process, has been approvedthe establishment of a Technical Commission composed from IMC, RTK, KTV, TV21, AMPEK (regional media) and KTTN.

Commission reviewed several legal cases related to the violations of IMC legislation, respectively violation of the Regulation on Distribution of Audio and Audiovisual Media Service Providers IMC-2016/01. Two cases were reviewed regarding the violation of the present regulation:

1. IPKO and 2. Kujtesa - During the monitoring of IPKO and Kujtesa distribution operators was found that these operators enable creation of program grouping, but not the re-listing of channels in the main list of their platform in order to comply with IMC Regulation -2016/01.The above-mentioned entities claim that it enables the re-listing of channels according to the client's request, enabling them to create a new favorite list, as a grouping of programs. IMC has found that despite the Notification on violations, notes, meeting held and the Decision of IMC Commission, the above-mentioned entities have continued to act in breach of Article 16, paragraph 3 of IMC Regulation-2016/01, by not enabling the re-listing of channels. Upon reviewing these cases,  Commission decided to order the distribution operators IPKO and Kujtesa that within six (6) months from the validity of the present decision to enable the re-listing of channels in the main list of their platform, as defined by Article 16, paragraph 3 of IMC Regulation-2016/01.

The complaint of IPKO against ARTMOTION - IMC on 5th of September 2018 has received a complaint filed by the distribution operator IPKO against the distribution operator ARTMOTION, claiming that it is re-broadcasting football events of the English Premier League and the French League. Upon reviewing the case, IMC has not found any violation from the distribution operator ARTMOTION against which the complaint was filed, was not found violation of IMC Regulation -2016/01, consequently it is in compliance with IMC Regulation-2016/01, thus, the complaint is rejected as unfounded.

TV Prizren - while monitoring, IMC has found that TV Prizren has transmitted program content without copyright, by acting in violation of IMC Regulation-2013/02 on Copyright in Audiovisual Media Services, in breach of Article 4, paragraph 1 of IMC Regulation-2013/02. Upon reviewing the case, Commission decided to oblige TV Prizren to immediately interrupt with transmissionof contents for which it does not have a valid copyright agreement, and to ensure that such a case will not be repeated, as defined in Article 5, paragraph 2, of IMCRegulation-2013/02. Whereas, for the hitherto violation to sanction TV Prizren with the Remark in accordance to Article 30, paragraph 1 of the Law on IMC, because of violation of Article 4, paragraph 1 of IMC Regulation -2013/02 on Copyright in Audiovisual Media Services.

Cases of non-submission of an Annual Financial Report by the Audiovisual Media Service Providers, violation of Article 28 of the Law No. 04 / L-44 of the Independent Media Commission: Radio Kosova 1, Radio Kosova 2, Radio Antena, Radio 7, Radio Kent FM, Radio Urban FM, RTK 1, TV Prizreni, Radio Bambus, Radio Helix, Radio Kent FM 2 , Radio Borzani, Radio Energji, Radio Kaçaniku, Radio Max, Radio Shqip FM, Radio Fëf City, Radio Victoria, Radio Zëri i Pozheranit, Radio Gjilani, TV Vali, Next Television, Kosova MTV, Tribuna Channel, TV Globi, ART, TV Kosova Channel, Olti TV, 1ST Channel, Turbo Channel, RTK 2, RTK 3 News, RTK 4 Art, TV Diaspora, A9 International TV, Click Channel, TVR, TV Dialog, Tele 1 and T 7.

The above-mentioned Audiovisual Media Service Providers have failed to comply with the Law on IMC, since they have failed to submit an annual report for 2017 year, as provided by Article 28, paragraphs 1 and 2 of the Law on IMC. Based on the above facts, IMC has found that the above- mentioned Audiovisual Media Service Providers have violated Article 28, paragraphs 1 and 2 of the Law on IMC. Upon reviewing these cases, Commission decided to sanction the above-mentioned Audiovisual Media Service Providers with a Remark, in accordance to Article 30, paragraph 1 of the Law on IMC for violation of Article 28 of the Law on IMC. The above-mentioned Audiovisual Media Service Providers are also ordered to submit an annual report for 2017 year within ten (10) days, as defined by Article 28, paragraphs 1 and 2 of the Law on IMC.

Regarding the violation of the IMC Code of Ethics, the following cases were reviewed: RTK1; KTV; TV21; Klan Kosova; Tribune Channel and TE7.

Based on the monitoring, the IMC has found that all above-mentioned AMSPs’ during the reporting of the case of a minor from Drenas, who is suspected of being abused by a teacher, police officer and doctor, have preserved an identity and privacy of the minorby transmitting only  initials, and as well by covering the face and changing the voice. From the monitoring findings, related to the reporting of persons suspected for abusing a minor, professor, police officer and doctor, results as problematic to reveal an identity of the suspects, including disclosure of names, surnames and faces. Upon reviewing the cases, Commission decided that the responsible parties to be sanctioned with Remark in accordance to Article 30, paragraph 1 of the Law on IMC, for the violation of Article 7, paragraph 2, of the Code of Ethics CIMC-2016/03. Responsible Parties are also obliged in the future to pay due attention to the protection of an identity and integrity of the suspects, in order to act in accordance with the Code of Ethics CIMC-2016/03.

Also, in this meetingIMC has addressed some requests on the licensing cases:

· TVN Cable TV - Recommendation for termination of the distribution operator license;

·News TV –MSPthat has not applied for a license renewal.

Upon reviewing these cases, Commission has approved the recommendation on termination of the license of the MSP through the distribution operators, as well, the request on termination of the license for the Distribution Operator.

 

INDEPENDENT MEDIA COMMISSION