For The Modification And Completion Of The Moldovan Broadcasting Code No. 260/2006

Original Language Title: pentru modificarea şi completarea Codului audiovizualului al Republicii Moldova nr. 260/2006

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    The Parliament adopts this organic law.
Art. I.-the Moldovan broadcasting Code No. 260/2006 (Official Gazette of the Republic of Moldova, 2006, no. 131-133, 679), with subsequent amendments and additions, is modified and completed as follows: 1. Article 2: b), c) and (j)) shall read as follows: "b) retransmission simultaneous capture and transmission-service programs or important parts of such services by any technical means, in their entirety and without modification , broadcast by broadcasters or distributors of services intended for reception by the public;
c-statutory broadcaster) who holds a license issued by emission CCA, taking total responsibility, including responsibility for editorial services programs intended for reception by the public; "
"j) domestic product programs made by broadcasters are in the jurisdiction of the Republic of Moldova and/or independent producers of programs from the Republic of Moldova, including by technical means and intellectual in Moldova;" the letter k) are repealed;
the letter u) shall read as follows: "u) hours of prime-time interval between hours 06.00-09.00 17.00-23.00, on Mondays to Friday 06.00-24.00 and on Saturday and Sunday for television broadcasters and between 06.00-13.00, 17.00-20.00 for radio stations;".
2. Article 11 (2) and (3) shall read as follows: "(2) the local Product will feature at least eight hours of the daily volume of emission and will be broadcast exclusively (entirely) within the opening hours 06.00-24.00. At least 6 hours of domestic product will be televised in prime hours, of which at least 4 hours-in the State language.
(3) the Broadcasters aimed at obtaining financial resources exclusively in distribution are not entitled to place the advertisement, except in complying with paragraph (2). "in paragraph 7, the words" auto-original soundtrack is "shall be replaced by the wording" State language ".
3. Article 38 shall read as follows: "Article 38. Sanctions (1) for the purposes of this code, responsibility for violation of legislation involves the application of the audiovisual Coordinating Council of audiovisual, in accordance with the law, penalties for broadcasters or distributors, who have committed violations of the laws of the audiovisual work. CCA applies penalties depending on the gravity and frequency of violations committed.
(2) shall be imposed on the public warning that broadcasters have committed the first breach of the following provisions: (a)) art. 3 paragraphs 1 and 2. (7), art. 6, art. 7, art. 10 para. (5), art. 11(2). (2) to (7), (9) and (10), art. 391. (2) and article 3. 17 of this code;
b) art. 641 para. (1) of the electoral code.
(3) shall be imposed with fines of from 5000 to 10000 lei lei broadcasters and distributors who have committed the following serious violations: a) the refusal to submit to checks, the refusal to allow access to the spaces in which they operate, refusing to create conditions of viewing the supply of programmes retransmitted or put at the disposal of representatives of agencies, required documents and records programmes broadcast;
(b) failure of service) programs retransmitted by the Distributor;
c) failure, before 1 March each year, the annual activity reports and the retransmission of programmes;
d) illegal use of signals and/or logo of another broadcaster;
e) violation on the communication of the grounds and the sanction provided for in paragraph 1. (8) to (10);
f) transmission/service relay programs in violation of the provisions of the licence and of the authorisation for retransmission or failure to comply with the general conception of service programs, approved by the CCA;
failure to comply with the requirements of article g). 391. (7) and (8) and the provisions of art. 18, also refusing to make available to the electronic media watchdog CCA records of service or failure to submit contracts with holders of copyright and related rights;
h) violation legal conditions for the distribution of advertising and teleshopping, the fine being applied for each case of violation found;
I) committing repeated infringements referred to in paragraph 1. (2) and (4) shall be imposed with a fine of $10000 to 15000 lei broadcasters and distributors who have committed the following serious violations: a) non-compliance with decisions of the electronic media watchdog CCA on the protection of minors;
b use subliminal messages) in the context of advertising and teleshopping;
(c) failure to comply with the obligation to) ensure transparency of ownership, broadcasters under article 9. 66 para. (6) to (7);
d) committing repeated infringements referred to in paragraph 1. (3) of this article, with the exception of art. 11(2). (10) (5) shall be sanctioned with a fine of from 15000 to 20000 lei lei broadcasters and distributors who have committed the following serious violations: a) the transmission relay services/programs for broadcasting without a license or authorization for retransmission;
b) transmission/service relay programs outside the area of coverage specified in the licence or authorisation of emission relay;
c) relay services programs in violation of the provisions of article 7. 28-30;
d) dissemination of cinematographic works outside the periods laid down in contracts concluded with holders of copyright or obtain a valid licence granting the right to broadcast;
e) discontinuation of unmotivated or distributor service broadcaster for more than 10 consecutive days or for a period exceeding 30 days in a year of intermittent calendar;
f) repeated committing infringements referred to in paragraph 1. (4) and (6) shall be imposed with a fine of $25000 to 30000 lei broadcasters and distributors who have committed repeatedly within 12 months, the infringements referred to in paragraph (5).

(7) shall be imposed on the licence suspension of broadcasting or retransmission of the broadcaster or distributor who has committed repeatedly within 12 months, the infringements referred to in paragraph (6) the licence Suspension. the emission or the authorisation for retransmission shall be applied after the sanctions have been gradually applied under paragraph 1. (2) to (6).
(8) the Broadcaster or distributor of service was one of the penalties provided for in this article shall be required to communicate to the public the reasons and subject to sanction in the manner indicated by the audiovisual Coordinating Council in sanctioning decision.
(9) the text is promulgated in the following penalty 48 hours following the issuance of the decision, and/or vision, by at least 3 times in primetime hours, of which once in the main news broadcast.
(10) the dealer service again undertake to disseminate the text of the sanction continuously for 24 hours, on each of the channels which have been subject to sanction.
(11) the license for broadcasting retires under the conditions of art. 27. (12) the decision of the electronic media watchdog CCA regarding the application of the sanction will be motivated by becoming enforceable from the date of publication. Any decision of the electronic media watchdog CCA may be contested in court by the broadcaster or distributor service again.
(13) where, within six months, broadcaster or distributor service repeatedly commits infringements of the provisions of this code for which he was sanctioned, previous sanctions be abolished. "
4. the code shall be supplemented with article 661 with the following content: "Article 661. The measurement of audience measurement of audience shares is carried out by a company selected in a transparent basis, at least once every 5 years, in accordance with the procedures and conditions laid down by a regulation approved by the audiovisual Coordinating Council. "
5. In article 68, paragraph (8) is hereby repealed.
Art. II.-(1) this law shall enter into force on the date of its publication in the Official Gazette of the Republic of Moldova, except the provisions of art. I (2), which refers to art. 11(2). (2) and (3) of the Moldovan broadcasting Code, which will enter into force on October 1, 2017.
(2) article II of law No. 11/2016 for the modification and completion of article 66 from the Moldovan broadcasting Code No. 260-XVI of 27 July 2006 is hereby repealed.

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