The Independent Media Commission (IMC) on January 19, 2024, under the leadership of the Chairman of the IMC, Mr. Jeton Mehmeti has held the first regular meeting for this year. In this meeting, the Commission addressed two items on the agenda: handling user complaints regarding the removal of DigitAlb channels from distribution operators; and Discussion regarding the initiation of the amendment-supplementation procedure of Regulation IMC-2020/01.

Chairman Mr. Mehmeti said that regarding the first point, IMC has received a large number of complaints since January 1, 2024 against the distribution operators Artmotion, Kujtesa, Ipko and Telkos, with the claim that they have removed channels from broadcasting without warning preliminary.

The complaining parties in their complaints have expressed concern about the contracts with the distribution operators and the problems related to the non-implementation of these contracts, claiming that during the agreements between the customers and the operators, the customers were not informed in time that the Digitalb channels would be discontinued on January 1, 2024. The complaining parties have also complained about the interruption of sports channels. The complaining parties have also provided photos of the advertisements that the distribution operators have made, not removing the Digitalb logos on the web and social networks, which according to the complaining parties has been a fraud on the part of the distribution operators.

The IMC has reviewed the complaints and found that the distribution operators have not attached the channel list to each user as part of the contract related to the user, as required by the IMC Regulation-2020/01. Also, based on the monitoring findings, it results that the aforementioned distribution operators have not notified the IMC about the change in the list of channels, as defined by the IMC-2020/01 Regulation, thus failing to take the appropriate actions in regarding the protection of users, not informing users in writing at least thirty (30) days before changes to the terms of services as required by Regulation IMC-2020/01.

After reviewing all the complaints, the Commission found that the distribution operators: Artmotion, Kujtesa, Ipko and Telkos, have committed violations of Article 15, paragraph 2 and 5 and Article 4, paragraph 3, of Regulation IMC-2020/01. For these detected violations, the Commission decided as a sanctioning measure to impose a fine of 100,000 euros in total, which is the highest fine provided by the IMC Law, as follows:

· The distribution operator Artmotion is sanctioned with a fine of 64 thousand euros;

· The distribution operator Kujtesa is sanctioned with a fine of 26 thousand euros;

· The distribution operator Ipko is sanctioned with a fine of 7 thousand euros;

· Distribution operator Telkos is sanctioned with a fine of 3 thousand euros.

These sanctioning measures are aimed at sanctioning the operators for the violation of Regulation IMC-2020/01, i.e. the administrative punishment of the operators and not the compensation of the complaining parties and do not prejudge other potential violations of consumer protection legislation which must be addressed through the competent institutions.

The Commission has reviewed the second item on the agenda: Discussion regarding the initiation of the amendment-supplementation procedure of Regulation IMC-2020/01.

Chairman Mr. Mehmeti said that the amendment of the framework of bylaws is a process planned in advance by the IMC to be carried out in 2024, but based on the current developments with the issue of all those complaints that we have handled and as soon as it was decided on them, it turns out that it is too necessary to immediately start work on changing the framework of by-laws, respectively Regulation IMC-2020/01, so that the issue of consumer protection can be better regulated.

The Commission agreed on the initiation of the amendment-supplementation procedure of Regulation IMC-2020/01 for the Distribution of Audiovisual Media Service Providers.