The Examination Request Prior Sc "selectcanal" Srl

Original Language Title: cu privire la examinarea cererii prealabile a SC „Selectcanal” SRL

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5965967/cu-privire-la-examinarea-cererii-prealabile-a-sc-selectcanal-srl.html

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By Decision no. 3/18 of 11 February 2016, the Broadcasting Coordinating Council imposed public warning of "Selectcanal TV" LLC, founder of TV station "N4" for transmission of program services in violation of broadcasting license Series AA no. 082 882 of 18.05.2011 (exemptions in section. 3.1., Letter n) of the broadcasting license conditions, art. 25 para. (1) l) and art. 37 para. (2) of the Broadcasting Code), pursuant to art. 38 para. (2) b) and paragraph. (3) a) of the Broadcasting Code.
By letter no. 96 of 18/02/2016, the CCA issued Decision no. 3/18 of 02.11.2016 in knowledge and execution. Appeal was received on 19 February 2016 and until 26 February broadcaster has not complied with the request and failed to implement decisions CCA no. 3/18 of 11.02.2016 and no. 44/222 of 29/12/2015.
It is clear that Decision. 3/18 of 02.11.2016 was published in the Official Gazette of the Republic of Moldova no. 38-42 of 02/19/2016.
On 25 February 2016 the BCC address the company received preliminary request "Selectcanal TV" LLC, which requested: Decision No Cancellation as illegal. 3/18 of 11 February 2016. The request argument, stated: denied access to justice to the LLC "Selectcanal TV", which put her unable to substantiate its position related to the problem addressed and that: according to art. 38 of the Broadcasting Code, examining issues of violations by copyright and related rights are not in the jurisdiction of the Broadcasting Coordinating Council, which can impose sanctions. Apprehension for examination of this problem outside its jurisdiction, leads directly to the nullity of the contested decision. Examining
prior request "Selectcanal TV" SRL, the Broadcasting Coordinating Council finds its groundlessness and neargumentarea request invoked. Thus, it is established that Decision. 3/18 of 02.11.2016 was adopted following the finding that ignoring the request CCA and non-enforcement of the decision.
In this context, on 29 December 2015 by Decision. 44/222, the Broadcasting Coordinating Council ordered the station "N4" to submit, within 3 days from the date of notification of the decision, proof of legal (contracts, agreements) on audiovisual works company named in the complaints ,, SMG Moviel Limited "and the NGO" National Association for the Protection of Intellectual Creation ".
Order to observe and according to Art. 38 of the Broadcasting Code, which states that the CCA to inform the broadcaster about any investigation that concerns about the charge against him and will create the opportunity to present their case to the Council by letter no. 9 of January 5, 2016, CCA has issued Decision no. 44/222 of 12.29.2015 the company "Selectcanal TV" SRL for execution. The broadcaster received the decision on 11 January 2016. It is worth mentioning that
Decision. 44/222 of 12.29.2015 was published in the Official Gazette on 21 January 2016, thus entering into force. Since
up on February 11, 2016 the broadcaster has failed to implement the decision and did not submit the required documents, public warning was imposed.
To be appreciated critic and broadcaster following argument: by letter no. 05-12 / 15 of 30 December 2015 "Selectcanal TV" SRL has stated his position for the decision. This is not accurate based on the following:
- First Decision no. 44/222 of 29.12.2015 has been issued to the company "Selectcanal TV" SRL by letter on 05 January 2016. The exact content of the provisions of the broadcaster's decision was informed on 11 January 2016, the date of receipt of the decision.
- Letter "Selectcanal TV" SRL nr. 05-12 / 15 of 30 December 2015 include the CCA press release posted on the official website on 12.29.2015, following the public meeting on the same date, but in no way referred to the decision. Thus, by addressing nominated broadcaster claimed the following:
"I hereby ask you to have immediately the exclusion from the website of the CCA information libelous, unverified, unsubstantiated address national television station 4 contained into CCA a text entitled: broadcasters will be required to submit CONTRACTS PURCHASED audiovisual works ".

Also explained that the petitioner, the contested decision, CCA sanctions for failure broadcaster of information, but not for breach of copyright and related rights. In this respect, the failure of information requested by CCA, "Selectcanal TV" SRL admitted derogations from the section. 3.1. the conditions of the broadcasting license Series AA no. 082 882 of 18.05.2011, which states that the broadcaster is obliged:
- lit. a): strictly observe the Broadcasting Code, decisions, regulations and guidelines CCA;
- Lit. n) to comply with requests CCA to provide information about its activity and regulations developed by the latter.
Public warning was imposed by BCC members for transmission of program services in violation of broadcasting license Series AA no. 082 882 of 18.05.2011 (exemptions in section 3.1., Letter n) of the broadcasting license conditions, art. 25 para. (1) l) and art. 37 para. (2) of the Broadcasting Code), pursuant to art. 38 para. (2) b) of the Broadcasting Code.
As a result of public demand preliminary examination, the documents received under the Broadcasting Code no. 260 of 27.07.2006, the Code of Administrative Offences no. 218 of 24.10.2008, the Law no. 793 of 10.02.2000, the Law no. 139 of 02.07.2010 on copyright and related rights and the Statute CCA, approved by Decision no. 433 dated 28.12.2006 of the Parliament of Moldova, the Broadcasting Coordinating Council

DECIDED:

1. A preliminary rejects "Selectcanal" SRL for the annulment of Decision no. 3/18 of 11 February 2016 (the PRO - (9) UNANIMOUSLY - D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, M. ONCEANU-Hadirca and D . VICOL).
2. Control over execution of this Decision shall exercise general direction licensing, authorization and monitoring.
March. This Decision will be published in the Official Gazette of the Republic of Moldova and the BCC website.
COORDINATING COUNCIL PRESIDENT


BROADCASTING Dinu HAMMER