The Association of Journalists of Kosovo and the Council of Print Media of Kosovo have called on the Government of Kosovo to immediately withdraw from the changes to the draft law that regulates online media.
The so-called Draft Law for the Independent Media Commission was approved by the Government on December 27 of last year and has been sent for approval to the Kosovo Assembly.
This move by the executive branch is considered “a new attempt by the current Government to attack the media”.
Media lawyer Flutura Kusari has stated that the document approved by the Government was made public on the Prime Minister’s website only upon request for access to it.
She mentioned that if these changes are approved, it will radically change the way online media publishing videos are regulated – from self-regulation to state regulation.
According to her, the changes compel online media to be subjected to state licensing.
“Every online media outlet that wants to publish videos would have to apply for a license from the Independent Media Commission if the draft law is approved,” she said.
The Independent Media Commission – established in 2005 – is the competent authority for regulating, managing, and overseeing the broadcast frequency spectrum in the Republic of Kosovo.
The Association of Journalists of Kosovo operates as a non-profit association, while the Council of Print Media of Kosovo is a self-regulatory body.
Instead of the changes, the Government has been asked to strengthen the Association of Journalists of Kosovo, the Council of Print Media of Kosovo, and the courts to enable them to do their jobs even better.
The spokesperson for the Government of Kosovo, Përparim Kryeziu, told Radio Free Europe that the new law stems from the EU directive.
“It envisages the same rules of procedure for audiovisual media services, to which private and public television stations are subject today,” he said in a written response.
What does the draft law envisage?
Kusari has stated that the Government’s rationale for the changes, aimed at aligning legislation with that of the European Union, does not hold, as the changes are contrary to the standards of the Council of Europe – where Kosovo seeks membership.
Among the major changes, she mentioned:
- Licensing and control of online media by the Independent Media Commission,
- Non-governmental organization-operated media will need to open companies to meet licensing requirements,
- Media outlets must obtain permission from the Independent Media Commission in case of a change in ownership of over 10 percent; online media will be subject to a sanctions regime of up to 40,000 euros for possible violations.
Among other things, it is envisaged that the Independent Media Commission will have 11 members, up from the current seven.
“The legislative initiative of the Prime Minister’s Office is an initiative to control online media through licensing and is the next attack on the media,” Kusari assessed.
The President of the Association of Journalists of Kosovo, Xhemajl Rexha, has called for the continued self-regulation of the media and consideration of the local context of media development.
The President of the Council of Print Media of Kosovo, Imer Mushkolaj, stated that there are currently sufficient legal frameworks and organizations in Kosovo to address all concerns regarding media content.
The case of Finland
During the conference, Kusari emphasized that there is no call for laws not to be harmonized with those of the EU.
She explained that when an EU directive is implemented in practice, the circumstances of that state are taken into account, hence there are different models.
Kusari pointed to the case of Finland, showing that when the EU bloc directive was implemented, the Parliament and the Government reached agreement for online media to be self-regulated as a whole, as it had functioned.
They later informed the EU that they could not make changes in that area because for Finland, self-regulation had been the ideal model.
“We are asking for the same,” she said among other things.
