With Regard To The Examination Of Complaints "association For Dezvoltareaculturii And Protection Of Copyright And Related Rights" Apollo ". 705 From 23.12.2015 And Nr. 706 From 24.12.2015

Original Language Title: cu privire la examinarea sesizărilor AO „Asociaţia pentru DezvoltareaCulturii şi Protecţiei Drepturilor de Autor şi Conexe „APOLLO” nr. 705 din 23.12.2015 şi nr. 706 din 24.12.2015

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5966800/cu-privire-la-examinarea-sesizrilor-ao-asociaia-pentru-dezvoltareaculturii-i-proteciei-drepturilor-de-autor-i-conexe-apollo-nr.-705-din-23.12.2015-i-n.html

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    I. From 23 December 2015, address of the electronic media watchdog CCA upstart referral No. 705 of "Association for cultural development and the protection of copyright and related" APOLLO ", stating that the information bulletin of 21 December 2015, tv station ' Publika TV ' has performed and broadcasted a reportage" impertinent, tendentious and manipulative, and advised the truncated consumer programs about the call of his Excellency, Mr. James d. Pettit U.S. Ambassador to Moldova, released on the same day, 21 December, in which politicians are urged to think about the Moldovan citizens ".
According to the petitioner, the tv station ' Publika TV ' took the message "posted within a few hours before the announcement by the head of State" and "introduced as a criticism of President Nicolae Tadesse, after it appointed him as its candidate for the post of premier Ion Sturza".
From the above, the "APOLLO" comes the understanding according to which "the diplomatic institution considers itself the Publika TV commentary about american Ambassador to our country, James d. Pettit, is one wrong and called television ... to publish a correction".
As a result, the petitioner calls for investigating and sanctioning those mentioned "General Media Group Corp." S.r.l. for the exceptions to art. 7 para. (4) (a). a), b), art. 10 para. (1) and paragraphs 1 and 2. (5) the broadcasting code.
II. On 24 December 2015, address of the electronic media watchdog CCA upstart referral No. 706 of AO "Association for cultural development and the protection of copyright and related" APOLLO ", through which informs you that the tv stations ' Prime ' and ' Publika TV ' admitted derogations from the provisions of art. 7 para. (4) (a). a), b), art. 10 para. (1) and paragraphs 1 and 2. (5) the broadcasting code on condition that "the dissemination of macaroni and galoshes instead of wages and pensions. Ion STURZA, criticized by fellow villagers from Porjolteni "(broadcast date: 22 December 2015).
According to the petitioner, the report "was a manipulator and tendentious, informed deliberately truncated consumer programs about the position regarding the neighbors about the nominee to the post of Prime Minister."
In these circumstances, the petitioner asks a) examining, within 15 days from the moment of registration of these complaints;
(b) the breach by finding) the "General Media Group Corp." S.r.l. has. 7 para. (4) (a). a), (b)) and art. 10 para. (1) and (5) of the code;
c) sanctioning the rigors of law after all "General Media Group Corp." S.r.l. for the violation of statutory nominees.
Examination of appeals No. 705 from 23.12.2015 and nr. 706 from 24.12.2015 of "APOLLO" was found unable their acceptance for the following reasons:-the petitioner "APOLLO" has not demonstrated that it is directly affected by the alleged in the complaint, according to the express provision of article. 37 para. (3) (a). c) of the code;
-The audiovisual Coordinating Council applied sanctions only after finding an infringement of the legal broadcasters.
As a result of those cited above, pursuant to the provisions of art. 37 para. (3) (a). the broadcasting code), CCA has been on the side of the United States Agency reports disseminated by television broadcasters ' Publika TV ' and ' Premium ' on 21 and 22 December 2015. Thus, in accordance with the provisions of art. 38 para. (7) of the broadcasting code, the CCA has asked television stations ' positions ' Publika TV ' and ' Prime ' coverage associated with the dissemination of the message of the american Ambassador in Chisinau "and" Macaroni and golaşi instead of wages and pensions. Ion STURZA, criticized by fellow villagers from Porjolteni ".
By letter No. 27/A of 27 January 2016, the company "General Media Group Corp." S.r.l., owner of the license for television station ' Publika TV, "said media watchdog CCA as follows:-" in the Bulletin of the news channel ' Publika TV ' dated 21 December 2015 a report titled "message to the american Ambassador in Chisinau", and later the tv came with a caveat to this news, inadvertently the editor who wrote the news did not take into account the fact that the Ambassador was placed approximately one hour before the signing of the Decree on the appointment of the Prime Minister. Moreover, it has made a connection between the President's decision and the message american diplomat ";    -"This regrettable mistake was corrected immediately on the site www.publika.md, after being issued a press release on U.s. Embassy ...";    -"Taking into account the above, we believe that our actions fall under the provisions of the law, through which the appeal submitted is unfounded".
     By letter No. 27/B of 27 January 2016, the company "General Media Group Corp." S.r.l., owner of the license for television station ' Publika TV, "said media watchdog CCA as follows:-" the Knowledge referred to in the complaint, called "Macaroni and galoshes instead of salaries and pensions." Ion Sturza, criticized by residents from Pоrjolteni ", and released to television stations, Publika TV and constitute a ground which is related to the public interest of society towards events and problems that arouse the interest of the society, and the facts alleged in the complaint are skewed, tendentious and circumstances are presented, with the aim of waging in error by members of the CCA, this situation cannot automatically generate the limitation of freedom of expression";    -At the same time, we want to "Please note that the initial news was thought about people's opinion of the country, including from his homeland Ion Sturza, about the appointment of the candidate in question, and both were taken from voxuri Pîrjolteni, i.e., native village of Ion Sturza. In the end it was decided to limit the knowledge people's opinion in the village where he was born Ion Sturza ";    -"Taking into account the above, we believe that our actions fall under the provisions of the law, through which the appeal submitted is unfounded".
     The results of monitoring have confirmed that the tv station ' Publika TV ' broadcast on 22 December 2010 (time: 10:00), "american Ambassador to Chisinau's message". At the same time, it should be mentioned that on the same day, within the show "Fabrika", the post in question has denied those running earlier.
On the subject of "Macaroni and golaşi instead of wages and pensions. Ion STURZA, criticized by fellow villagers from Pîrjolteni "(aired December 22, 2010, time: 21:00), monitoring TV may not display on the truthfulness of the information disseminated.
During the meeting, with reference to the dissemination of the subject "Macaroni and galoshes instead of wages and pensions. Ion STURZA, criticized by fellow villagers from Pîrjolteni "by television broadcasters ' Publika TV ' and ' raw materials ', members of the electronic media watchdog CCA stated that such slippages persists and other tv stations. This is an issue that must be combated. In this regard, members of the BCC warned broadcasters that in the future, in the context of the bulletins, in particular, to take account of the journalist's code of conduct, the code of conduct for broadcasters and, not the last, of the provisions of art. 7 para. (4) of the broadcasting code, which stipulates that the information that composes the news to be truthful, the sense of reality must not be deformed through stratagems, comments, form or manner.
Following the examination referred to above, public complaints under the broadcasting code no. 260-XVI of BCC is supervised, status, approved by Decision No. 433-XVI from 28.12.2006 the Moldovan Parliament of the law on administrative courts, the audiovisual Coordinating Council DECIDES: 1. To reject the appeal No. 705 from 23.12.2015, however later from the "Association for the development of culture and the protection of copyright and related" APOLLO "and consumers of Vasile NĂSTASE programs and Vitalie GORELCO, as inadmissible (PRO-(8)-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
2. Taking note of the appeal No. 706 from 24.12.2015, however later from the "Association for the development of culture and the protection of copyright and related" APOLLO "and consumers of Vasile NĂSTASE programs and Vitalie GORELCO (PRO-(8)-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
3. control of the execution of this decision, it shall carry out the monitoring Direction.
4. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.