Media laws at Moldova
Moldova's media laws are designed to balance freedom of expression with national security and public order considerations. Here's an overview of the legal framework and recent developments:
Constitutional and Legal Framework
The Constitution of Moldova guarantees freedom of thought, opinion, and expression. However, this right is subject to restrictions necessary in a democratic society for reasons such as national security, territorial integrity, public safety, and the protection of others' rights and reputations
Defamation was decriminalized in 2009, but the Administrative Code still allows for penalties, including imprisonment for up to 15 days, for libel and insults
Media Regulatory Authorities
The Broadcasting Coordinating Council (BCC) is the primary regulatory authority overseeing public and private audiovisual media in Moldova. The BCC is responsible for licensing broadcasters, monitoring compliance with media laws, and imposing sanctions when necessary
Despite legal provisions ensuring independence, the BCC's decision-making process has been criticized for perceived politicization and lack of transparency
Recent Legal Developments
Code of Audiovisual Media Services Amendments (2021): These amendments increased parliamentary oversight of the public service broadcaster and the BCC, raising concerns about potential political interference in media regulation
Disinformation Law (2022): Moldova introduced legislation to combat disinformation, including provisions to suspend broadcasting licenses for up to seven years for violations. In December 2022, several TV channels were sanctioned for repeatedly broadcasting biased information and propaganda
State of Emergency Measures (2022–2023): During the state of emergency, numerous websites were blocked, and TV licenses were suspended. Post-emergency, a new mechanism was established to continue these restrictions without judicial oversight, drawing criticism from civil society organizations for lack of transparency
Gagauzia Regional Law (2024): Proposed legislation in Moldova's Gagauzia region aimed to require online media to obtain authorization to operate, raising concerns about press freedom and potential influence from local authorities
International Perspectives
The Organization for Security and Co-operation in Europe (OSCE) has expressed concerns about recent amendments to Moldova's media laws, particularly regarding increased political control over media regulatory bodies. The OSCE emphasizes the importance of maintaining the independence of media institutions to ensure a pluralistic media environment
Conclusion
While Moldova's legal framework supports freedom of expression, recent legislative changes and actions have raised concerns about potential restrictions on media freedom and independence. Ongoing vigilance and reforms are necessary to ensure that media laws align with international standards and protect the rights of journalists and the public.
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