(ARTICLE 19/IFEX) – The following is a 19 December 2003 ARTICLE 19 letter to President Vladimir Voronin: 19 December 2003 President Vladimir Voronin Republic of Moldova Fax. +373 2 24 55 26 Dear President Voronin, ARTICLE 19, the Global Campaign for Free Expression, is concerned that inadequate and non-transparent measures are being taken to transform […]
(ARTICLE 19/IFEX) – The following is a 19 December 2003 ARTICLE 19 letter to President Vladimir Voronin:
19 December 2003
President Vladimir Voronin
Republic of Moldova
Fax. +373 2 24 55 26
Dear President Voronin,
ARTICLE 19, the Global Campaign for Free Expression, is concerned that inadequate and non-transparent measures are being taken to transform Teleradio Moldova into a true public service broadcaster. This remains the case despite the adoption, on 13 November 2003, of the Law on Amending and Supplementing Law No.1320-XV of 26 July 2002 on the National Public Broadcasting Institution ‘Teleradio Moldova’ (the Amending Law).
First, it is vital that the changes the Amending Law introduces not be abused for political ends, thereby undermining the independence of Teleradio Moldova. In particular, Article 2 of the Amending Law provides for the liquidation of Teleradio Moldova and the replacement of its entire staff. For a prolonged period of time it remained unclear how the re-staffing would take place, and generally journalists and human rights organisations were not provided with essential information as to the mechanisms that would be employed to implement these measures. In addition, the initial debates which led to the adoption of the Amending Law in its first reading were held in an atmosphere of virtual secrecy, so that at this stage the company’s staff was unaware of the fact that a law on Teleradio Moldova was being debated in Parliament. To ensure that the process is not influenced by political and other forces, the basic procedures for the liquidation and re-staffing should be set out in the Amending Law in a manner which ensures that they are fair and transparent, and provide for adequate protection against potential political abuse. The authorities should also be proactive in disseminating relevant information to the public.
Second, the process by which the Amending Law was adopted did not provide for sufficient opportunity for public consultation, despite the significant public importance of a law of this nature. A draft of the Amending Law was submitted to Parliament by a number of MPs on 13 October 2003, and passed the first reading almost immediately, whilst it was adopted at the second reading exactly a month later. Some local NGOs and international organisations, such as the Council of Europe, acted very rapidly in providing recommendations on the draft. Other groups simply did not have the time to participate in this process.
Third, the July 2002 Law on the National Public Broadcasting Institution ‘Teleradio Moldova’ incorporated important provisions for the transformation of Teleradio Moldova into a public service broadcaster. At the same time, further development of this law would better guarantee its independence from government. Any process of amending this law should take advantage of the opportunity this offers to bring Moldova into full compliance with its responsibilities under international law. These include, among other things, Recommendation No R(96) 10 of the Committee of Ministers of the Council of Europe on the Guarantee of the Independence of Public Service Broadcasting (1). Instead, the Amending Law is very restricted in scope and does not address the above concerns.
For the reasons outlined above, ARTICLE 19 calls upon your government to:
* Ensure that any process of transformation of Teleradio Moldova into a public service broadcaster is carried out in a transparent and fair manner, which is protected against political or commercial interference.
* Commit to a fully participatory, open process, with adequate opportunity for public input, when introducing any legislative developments which affect the status of Teleradio Moldova or freedom of expression more generally.
* Amend the Law on the National Public Broadcasting Company ‘Teleradio Moldova’ to ensure that the institution is transformed into a true public service broadcaster and is adequately protected against political or commercial interference, and otherwise to bring it into line with international standards in this area.
Yours sincerely,
Andrew Puddephatt
Executive Director
1. Adopted 11 September 1996.
