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With Regard To The Examination Of The Autosesizării Member Of The Cca, M. Obi-Hadirca

Original Language Title: cu privire la examinarea autosesizării membrului CCA, M. ONCEANU-HADÎRCĂ

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    During the meeting of 8 December 2016, the CCA, m. OBI-HADIRCA, was United States Agency with respect to compliance with the provisions of art. 6 paragraph 1. (1) of the broadcasting code within the main news bulletins broadcast by NTV television stations "Moldova" and "Accent" during the electoral campaign.
Pursuant to the provisions of art. 37 para. (3) (a). the broadcasting code), the direction of the Council of TV monitoring CCA monitored programs above.
The results of monitoring have certified the following: i. "NTV + Moldova" during the period of the report, the NTV television station "Moldova" has aired multiple topics with deviations from the normative standards: presenting opinions as facts, the propagation of a single point of view on controversial issues and conflict, dissemination of information taken out of context and cropped, disinformation by affirming certain facts which have not been produced, and by disseminating false information and incitement to hatred and intolerance on grounds of nationality, religion and sex.
► The 09.11.2016 was broadcast on the subject titled "attack of the Church", in which the population was announced that organized an attack on the "Orthodox Church" furibund, "blows over" Church, "revanșarde forces, working tirelessly to destroy Moldova, and guns were turned on the most important element and symbol of the nation's Christian Orthodox faith-", and the authors of the attack, according to the editors, were supporters of Maiei S and especially, gays and feminist movements, the audience being notified upon "their blows of violence." Concluded in an editorial broadcast Bulletin of news, and not in a show of satire and humor, is that "Attacks the camp of yellow Maiei S on those holy and servants of the Church are not more than a devilish work. (...) On the day of 13 November, people will be put in front of the choice: either the Church and the Holy michiduță, his times ". Besides the fact that the subject is the medieval obscurantismul, by promoting such products are inoculated media fear and panic among the masses, alimentînd hatred of political opponents and those who think otherwise.
     ► The 04.11.2016 (in the replay at 06.11.2016) was aired "S-hope Syrian immigrants", in which the statements are presented on three Syrian students who studying in the Republic of Moldova. Therefore, in the midst of the election campaign, a week before the election, the internet has emerged a movie in which the students of Arab provenance in our country urges people to vote for Maia Sandu. It happened once on a site in the Republic of Moldova there appeared a news article stating that Maia had S promised german Chancellor Angela Merkel that, where it won the elections, he will receive in Moldova of 30,000 Syrian immigrants. According to investigative reporter who, in the film that appeared on social networks, Syrian emigrants narrate his compatriots and their desire to come to Moldova. Follow their statements: "the Syrians have not where you go. Therefore, I ask the authorities of the Republic of Moldova to accept people of Syria "; "We are a very friendly people. You may find one or a few lunatics and violent. But in the vast majority, are very good. Here we have a chance to survive, to start a new life. " At the end of the subject, the reporter concluded that thousands of people in Syria shall bind hopes victoria Maiei S in the election of November 13, only that not all of them are ready to adapt to the pattern of life of Moldovans.
Through the dissemination of the above topic, in which video images were presented during some violent protests and the devastation caused by immigrants, it has been suggested and has promoted the notion that Syrian and Arab refugees are violent and constitutes an imminent danger for Moldova, challenging and incitînd public to hatred on the grounds of ethnicity and religion.
In this context, it was also attested to derogate from the provisions of art. 6 paragraph 1. (1) of the broadcasting code, which States: "the Broadcaster is prohibited from broadcasting programs that contain any incitement to hatred on grounds of race, religion, nationality, sex and the city".
II. the "access" was The 06.11.2016 ► aired a topic about the declarations of three Syrian students who studying in the Republic of Moldova. In the topic, it says that in the midst of the election campaign, a week before the election, the internet has emerged a movie in which the students of Arab provenance in our country urges people to vote for Maia Sandu. It happened once on a site in the Republic of Moldova there appeared a news article stating that Maia had S promised german Chancellor Angela Merkel that, where wins the election, it will receive in Moldova of Syrian immigrants 30,000. According to investigative reporter who, in the film that appeared on social networks, Syrian emigrants narrate his compatriots and their desire to come to Moldova. Follow their statements: "the Syrians have not where you go. Therefore, I ask the authorities of the Republic of Moldova to accept people of Syria "; "We are a very friendly people. You may find one or a few lunatics and violent. But in the vast majority, are very good. Here we have a chance to survive, to start a new life. "
The report distorts reality by presenting some rumors as facts proven and ready to fulfill, being accompanied by images of Arab immigrants who are warmly welcome by relatives; with video during some violent protests and the devastation caused by immigrants.
In this context, it was also attested to derogate from the provisions of art. 6 paragraph 1. (1) of the broadcasting code, which States: "the Broadcaster is prohibited from broadcasting programs that contain any incitement to hatred on grounds of race, religion, nationality, sex and the city".

During the meeting, public member of the CCA, Mariana Obi-Hadirca, reiterated the position expressed by the public during the meeting of 8 December 2016, fixed in autosesizare, and insisted on the obligation of CCA to react under the broadcasting code but also of the code of conduct for broadcasters, art. 13, and not to allow the transformation of radio and TV stations in platforms to promote the discourse of hatred on ethnic grounds or on grounds of religious and political options.
During the meeting, representatives of public television station "NTV Moldova stated that such materials were disseminated and other tv stations. They also made reference to art. 14 of the broadcasting code-With regard to ensuring confidentiality of information sources, and the fact that there were no applications for right of reply, art. 16 of the broadcasting code. At the same time, they noted that the article nominated was an editorial.
Television station representative "access" and argued that their position was built, they were exposed to more than one party, positions that is respected the principle of informing from several sources, the working principle and the principle of inadmissibility of the deformation of reality. At the same time, it was justified by the fact that there is no direct call to hatred and violence.
In the context of public debate, members have brought information on the arguments put forward by representatives of the stations monitored: the Council has not requested the disclosure of sources and did not attempt on confidentiality.
The absence of a right of reply to the requests: the Council explained that the alleged material, hate speech was directed against large groups of people, and not just on an election candidate, as has happened in a number of reports aired by the same positions, and that no discrimination was invoked, nor defamation precisely because they were directed to concrete people that would make use of this right-the right to reply, which is one of the mechanisms to ensure democratic polemics. In the event of the detection of promoting discourse which incites to hatred are concerned citizens groups and the impact it has on the whole population, all the viewers, the risk being the escalating tensions and social conflicts. There is only one subject, and the victims are likely to remember in an environment in which security to be threatened.
Of all the panic and cause a part of the society against each other, taking as a basis the religious beliefs and political choices by using the Lexicon continues a warrior means of inciting the population to hatred and intolerance. This is the worst when these messages are promoted through TV or Radio channels, the news format shows.
Regarding the position of the representative of "Accent", members of the Council also noted that the discussion was not to put the issue of perjury and the principles of making news (art. 7 of the broadcasting code), but also the dissemination of hatred. Article 6 para. (1) of the Broadcasting Code forbids not only incitement to violence, as well as incitement to hatred, the report cited does not have direct effect and calls rang out to violence against the Group of Syrian students from the Republic of Moldova, but the text and pictures of the Syrian pașnici group from the Republic of Moldova has been associated with criminal elements, violence and acts of terrorism perpetrated in the European countries of immigrants inoculînd, fear and hatred of this ethnic group, extrapolînd hate speech and upon all Arabs and Muslims.
Assigning a significant part of the population, citizens who would vote on it on Maia Sandu, diavolești forces, affect not only their beliefs, as well as the security of a significant part of the population.
Political speeches which incite to hatred based on prejudice or racial, ethnic, religious, cultural or political pose a threat to social peace and stability in the country.
Within the framework of the discussions, a member of the CCA, a. Castillo, proposed the removal of the condition report "S-promoter of homosexuals", on the grounds that the Bishop's statements do not constitute a departure from the art. 6 paragraph 1. (1) of the broadcasting code. The Council has accepted this proposal.
It should be mentioned that the 15.12.2016, P.P. "Exclusively" S.R.L. has been issued Decision No. 34/193 of 8 December 2016.
In accordance with the provisions of the broadcasting code no. 260-XVI of BCC is supervised, status, approved by Decision No. 433-XVI dated 28.12.2006 on Moldova's Parliament, CCA

DECIDES: 1. To take note of the CCA, limb self-referral testifies. OBI-HADIRCA (PRO-(9)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, born DAMASCUS, c., o. GUȚUȚUI, m. OBI-HADIRCA, and d. VALENTINI).
2. Apply the warning "Exclusively" P.P. S.R.L., the founder of NTV television station "Moldova", for derogations from point 3.1 lit. conditions of Licence) from transmitting AC series nr. 000094 from 08.12.2015 (violation of article 6 para. (1) of the broadcasting code and art. 13 of the code of conduct for broadcasters, approved by decision No. APPROX. 127 from 26.12.2007), in accordance with article 5. 38 para. (2) (a). b) and subparagraph (c). f) and paragraph 3. (3) (a). the broadcasting code) (PRO-(9)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, born DAMASCUS, c., o. GUȚUȚUI, m. OBI-HADIRCA, and d. VALENTINI).
3. Apply the warning "TELESISTEM S.R.L.", founder of TV channel "TV" Accent, for derogations from point 3.1 lit. conditions of Licence) from transmitting the series AA nr. 082905 from December 23 (violation of article 6 para. (1) of the broadcasting code and art. 13 of the code of conduct for broadcasters, approved by decision No. APPROX. 127 from 26.12.2007), in accordance with article 5. 38 para. (2) (a). b) and subparagraph (c). f) and paragraph 3. (3) (a). the broadcasting code) (PRO-(9)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, born DAMASCUS, c., o. GUȚUȚUI, m. OBI-HADIRCA, and d. VALENTINI).
4. Perform general monitoring channel "NTV", for a period of 7 days (PRO-(7)-UNANIMOUS HAMMER, o. BARBALATA, Iu. CARLSON, b. DAMASCUS, c. GUȚUȚUI, o. and m. OBI-HADIRCA).

5. In accordance with the provisions of art. 38 para. (8) of the broadcasting code and decision No. APPROX. 17.10.2008 from 96 at the time of bringing to their attention (receipt by registered mail of the decision), "NTV television stations Moldova" and "access" will execute this decision and will communicate to the public the reasons for and the purpose of the penalty, in the formulation of the legislation in force.
6. Television stations NTV and "Moldova" TV "will Focus, within 15 days from the moment of bringing to their attention to this decision, a report on the measures taken with a view to the liquidation of infringements ascertained.
7. In accordance with the provisions of art. 38 para. (9) of the broadcasting code, this decision may be appealed directly to the Court, without the need for a prior complaints.
8. control of the execution of this decision, it shall carry out the monitoring Direction.
9. This decision shall be published in the Official Gazette of the Republic of Moldova and on the website of the electronic media watchdog CCA.