The Organization for Security and Co-operation in Europe (OSCE) mission in Kosovo said on Tuesday that the draft law on the Independent Media Commission (IMC), which aims to regulate online media, should avoid any inappropriate restrictions on freedom of expression and any undue influence on media content.
In a response to Radio Free Europe, the OSCE said that it “welcomes” the Government’s intention to amend and supplement the Law on IMC in accordance with the European Union directive, to ensure “a more applicable framework for consumer protection, the promotion of cultural diversity and media pluralism”.
However, it emphasized the importance of fostering a “favorable environment for the self-regulation of online media, based on the principles of freedom, responsibility and respect for human rights and democratic values”.
According to the OSCE, the Draft Law will aim at “the effective articulation of standards and principles according to which the necessary by-laws will be issued.” Also, it is important to ensure balance between regulation and self-regulation in this sector”.
“Co-regulation between regulatory authorities and media actors could help and inform the decision-making process and ensure that the chosen approach reflects the needs and aspirations of Kosovo society,” she said.
The Association of Journalists of Kosovo, the Council of Written Media of Kosovo, but also a group of international organizations have called on the Government of Kosovo to abandon the changes in this law.
They have seen this legislation as an “attack” on the media, expressing fear that the executive may use this law to censor the media.
“Any new legislation must ensure that it does not weaken the important role of the Print Media Council in effective self-regulation, including in relation to online media content,” the OSCE said.
Earlier in the day, the Office of the European Union in Kosovo said that the changes in this legislation should be made in such a way that they will not have a “negative impact” on the freedom of the media.
The so-called Draft Law for the Independent Media Commission was approved by the Government on December 27 of last year, and was sent to the Assembly of Kosovo for approval.
The legislation stipulates that online media that produce videos must be registered as a business. With the changes, the IMC will have the mandate to monitor the work of online media that produce audio-visual content.
The changes in the legislation foresee fines of up to 40,000 euros for the media that commit various legal violations.
Currently, texts published in online media are monitored by the Council of Written Media of Kosovo. It does not fine the media for their mistakes, but makes decisions on complaints made to the media and then the decisions of the Council can be used to file civil lawsuits against the media in the courts of Kosovo.
Meanwhile, the audio-visual content published in online media is not monitored by anyone. The Council of Written Media has said that in most cases the published videos are accompanied by a text on the same topic and thus their monitoring is done.
In the last Progress Report of the European Commission it is said that “the amendment, which is currently in the process, should further harmonize the Law with the Audio-Visual Media Services Directive to extend its powers to audio media as well – visual online”.
