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Announcement from the second meeting of the Independent Media Commission

16 April 2024

The Independent Media Commission (IMC) on March 19, 20, 2024 and April 15, 2024, under the leadership of the Chairman of the IMC Mr. Jeton Mehmeti has held the third regular meeting for this year. In this meeting, the Commission addressed several items on the agenda: license renewal cases and legal cases.

At the beginning of the meeting, before the approval of the agenda, the Commission has put on the agenda as a point of discussion, the letter with the response of the Premier League addressed to the Chairman of the Parliamentary Committee for Public Administration, Local Government, Media and Regional Development, of the Assembly of the Republic of Kosovo.

The Commission has reviewed the Annual Report of the work of the IMC for the year 2023. After the review, the Commission has approved the Annual Report 20223, which is based on the legal obligation arising from Article 15 of Law No. 04/L-44 for the Independent Media Commission, is sent to the Assembly of the Republic of Kosovo.

According to the agenda, the Commission discussed the registration of agreements in the Copyright Association (VAPIK). After examining this point, the Commission decided on the formation of the Subcommittee on copyright. The Commission also decided on the formation of the Subcommittee for frequencies and digitalization. While regarding the handling of the cases of licensees who have debts to the IMC, the Commission decided on the formation of the Subcommittee for the supervision of the process of collecting the debts of the licensees to the IMC. The Commission also decided on the formation of the Subcommittee for the supervision of the implementation process of Regulation IMC-2023/03 on the ownership and concentration of IMC licensees. The duties and responsibilities of these subcommittees will be determined based on the Work Regulations of the IMC.

As for the point of discussion about the Letter with the Premier League's response, the Commission discussed the Letter (response) that the Premier League forwarded to the IMC and the Letter (response) that the Premier League forwarded to the Assembly. IMC has analyzed the letter of the Premier League dated March 12, 2024, in connection with the confirmation of Arena Channels dated September 27, 2023, in order to clarify the broadcasting rights of the Premier League in the territory of the Republic of Kosovo. After analyzing the facts deposited in the IMC, it is noted that the "Confirmation Letter" dated September 27, 2023, is not in line with the clarifications given by the Premier League rights provider, who denies that he authorized Arena Sport to pass the the Premier League broadcasting rights to the operator Artmotion, this fact which proves that Arena Channel's confirmation regarding securing the rights for the Premier League is invalid. After the review, the Commission decided that the distribution operator Artmotion should be asked to leave the Arena Sport channels and start a process of verifying the broadcasting rights for all sports leagues that are broadcast through the Arena Sport channels in the territory of the Republic of Kosovo.

According to the agenda, the Commission has examined several cases of the nature of licensing, where after examination it has approved the license renewal requests for: Radio 10, Radio AS, Radio and TV Dukagjini, Radio Energji, Radio Shqip FM, Radio Impuls, Radio Vitez, Top Radio and the request for change of ownership for Top Radio has been approved. The requirements for the licensing of the distribution operator FlyLink have also been approved.

Following the meeting, the Commission has examined several legal cases for violations of the IMC legislation. After the examination, the Commission has sanctioned the following licensees, for continuous violation of Article 4.6, of the General Terms and Conditions of the License, Regulation IMC-2021/01 for Audio and Audiovisual Media Service Providers:

• American TV of Kosova, non-start of broadcasting according to legal obligations - sanctioned by suspension of the license;

• Klan News, non-start of broadcasting according to legal obligations – is sanctioned by suspension of the license;

• Tele1, non-start of broadcasting according to legal obligations – is sanctioned by suspension of the license.

While for violation of the IMC Law, Regulation IMC-2021/01 for Audio and Audiovisual Media Service Providers and the General Terms and Conditions of the License, change of ownership without prior approval of the IMC, the Commission has sanctioned the licensees following:

• Klan Kosova, change of ownership without prior approval of the IMC - is sanctioned with a fine of five thousand (5,000) euros.

• Radio Klan Kosova FM, change of ownership without prior approval of the IMC - is sanctioned with a fine of one thousand (1,000) euros.

• Radio Klan Kosova FM, change of ownership without prior approval of the IMC - is sanctioned with a fine of one thousand (1,000) euros.

• Radio Plus, change of ownership without prior approval of the IMC - is sanctioned with a fine of one thousand (1,000) euros.

• Radio Sharri - change of ownership, change of ownership without prior approval of the IMC - is sanctioned with a fine of one thousand (1,000) euros.

• Radio Urban FM-Prishtina, change of ownership without prior approval of the IMC - sanctioned with a fine of one thousand (1,000) euros.

• Radio Urban FM-Prizren, change of ownership without prior approval of the IMC - sanctioned with a fine of one thousand (1,000) euros.

For violations of the CIMC 2016/03 Code of Ethics for Media Service Providers in the Republic of Kosovo, the Commission has sanctioned the following licensees:

• TV Besa, violation of the Code of Ethics CIMC-2016/03 – the complaint is rejected as unfounded;

• TV Dukagjini, violation of the Code of Ethics KIMC-2016/03 - sanctioned with a Warning;

• TV Most - violation of the KIMC-2016/03 Code of Ethics - the case is postponed for decision making to one of the next meetings.

• 1ST Channel, violation of the Code of Ethics CIMC-2016/03 and Regulation IMC-2023/01 for the Protection of Children and Minors - is sanctioned with a fine of five thousand (5,000) euros.

• Klan Kosova - violation of Regulation IMC-2023/01 for the Protection of Children and Minors - is sanctioned with a fine of ten thousand (10,000) euros.