Home > 2.4 Complaints and appeals > MOLDOVA – Urgent joint opinion on the draft Law no. 263 amending the Electoral Code, the Contravention Code and the Code of Audiovisual Media Services
 
 
 
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Paragraph 49
 

The draft law proposes to amend Article 80.6 of the Audiovisual Code introducing a shorter deadline for the publication by the Audiovisual Council of its decisions on complaints during the election period: 24 hours instead of two days, which is welcome. The proposed new Article 84.101-102 of the Code of Audiovisual Media Services appears to strengthen the sanctioning powers of the Audiovisual Council in line with previous ODIHR recommendations. According to paragraph 101, breaches of the duty of neutrality in the media coverage by media service providers and distributors shall be sanctioned with the withdrawal of the right to cover the elections or referendum for a period of seven days, or until the end of the electoral period in case of repeated violations. According to paragraph 102, repeated instances of unauthorised election campaign coverage can entail the suspension of the broadcasting licence for media service providers and distributors. However, the vague wording (“violates the obligation of fairness, responsibility, balance and impartiality”) of these provisions provides a significant discretion to the Audiovisual Council in identifying violations as well as in imposing significant sanctions, including the suspension of the broadcasting license. The wide discretion, coupled with severe sanctions, increases the risk of abuse. It has to be noted that often a warning or an obligation to allocate more time to other candidates’ lists or stakeholders may be an efficient means to balance the campaign. The withdrawal of media activity rights or, as provided in paragraph 102, the suspension of the broadcasting license or the retransmission authorisation could be considered carefully as a last resort measure.