With Regard To The Consideration Of Referral To Mr. Iurie Clifford, Deputy Attorney General

Original Language Title: cu privire la examinarea sesizării dlui Iurie GARABA, adjunctul procurorului general

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=363813

    February 4, 2016, the CCA received referral No. 25-5 d/2016-41 dated 28 January 2016 on the part of Mr. Iurie Clifford, Deputy Attorney general, stating that the 20.01.2016, the tv station PRO TV CHIȘINĂU ' broadcast within the information bulletin "News Pro TV", a topic with the title: "Murder cloaked in mystery from Cimislia. A 16-year-old boy and killed his roommate for 13 years. Reason: the victim would be called with words ill favoured suspect's girlfriend. How it happened (video) ". According to Mr. Iurie Clifford, the dissemination of this topic have been committed derogations from:-Art. 21 of the Constitution of the Republic of Moldova;
-Art. "". (2) (a). g) of the law on the protection of children against the negative impact of information.
The petitioner may argue that in the context of the subject mentioned, the journalist has used arbitrary procedural term "blamed" and violated the principle of confidentiality of information related to the data in the personal life of the child, the information presented, thus allowing the identification of the child. This violation occurred by interviewing the child, without being protected.
As a result of those cited above, Mr. Iurie Clifford, Deputy Attorney general, asked: "examining the referral;    -Control of the compliance of television station PRO TV CHIȘINĂU "to the right of the child to protection against the negative impact of information and involvement of appropriate sanctions;    -Ensuring compliance with legal and regulatory standards in broadcasting in guaranteeing child protection information with negative impact on the physical and moral development;    -Informing the General Prosecutor's Office about the results of the examination of the referral and decision ".
Pursuant to the provisions of art. 37 para. (3) (a). b) of broadcasting code, the TV Council monitoring CCA has conducted monitoring of your newsletter from 20.01.2016, broadcast by tv station PRO TV CHISINAU ".
The results of monitoring have confirmed that on 20 January 2016, under the information bulletin "News Pro TV aired a topic (20:15:55, duration: 2 min. 45 sec.) about a boy of 16 years. Cimislia who has encouraged his colleague aged thirteen. In the topic, though it has resorted to some methods to avoid being identified as the child's identity, yet have been made public: the locality ("... murder cloaked in mystery from Cimislia"), the place of Commission of the crime ("according to prosecutors, the murder took place in a gym, which is located at the local school, who taught both boys"), years ("... a 16-year-old boy and killed 13-year-old colleague" "because the accused has 16 years of age, the penalty shall be înjumătăţeşte. So the minor risks up to 10 years in prison "), family status (" ... both parents are students working abroad. The minor who has committed the crime lies in the care of grandparents, and the victim lived with elder sister ") and the name of (the victim's sister comes with details:" I asked him: where is Marin Aabbcc? I don't know where your Marin "). It should be mentioned that the subject were presented video footage with the local school, where they teach minors, sport Hall, where the crime was committed, and the minor's home.
This case exposed themselves, Prosecutor Mohamed S. from cimislia, and Prosecutor Lage Soianova, teacher, sister of the victim (in this image appears upside-brulată) and the minor himself who has committed murder, skilled reporters "blamed" (it stood with his back to the camera, having on his head and the voice apiece being bruiată).
As a result of the above stated, the tv station PRO TV CHISINAU "committed derogations from the provisions of articles 81 and 82: •. 11 lit. b) of decision CCA No. 99 from 19.07.2012 regarding respect for human rights and child protection in audiovisual programmes: "in the case of children aged between 16 and 18 years who are in various forms of detention (detained, arrested, detained in prison) or have gained quality during criminal prosecution (the suspected, accused, indicted or convicted for committing crimes) are victims or witnesses of abuse physical sexual, psychological, or they may appear in audiovisual programmes if the following conditions are cumulatively met: protective measures are taken to establish the identity of the child ";
• Art. "". (1) (a). the Act No.) 30 of 07.03.2013 concerning the protection of children against the negative impact of information: "In mass media is prohibited publication of information containing personal data in cases where: the advertising of personal data of a child suspect, accused times convicted of committing a crime or offence, if he does not hide from law enforcement agencies whenever the courts , or a child who is the victim of a crime, what offence times identifying ";
• Art. "". (2) (a). d) of law No. 30 of 07.03.2013 concerning the protection of children against the negative impact of information: "The services of radio and television programs, it is prohibited to disseminate information with negative impact on children, containing: any clues that might lead to the identification of children involved in cases with negative connotation (accidents, crimes, sexual abuse, physical abuse or psychological, family disputes, suicides, drugs, alcohol abuse, etc.) including as victims or witnesses. Except where the journalist is acting with the consent of their parents (guardians, curators) in the best interests of the child ";
• Art. "". (3) (a). b) of law No. 30 of 07.03.2013 concerning the protection of children against the negative impact of information: "In the case of children aged between 16 and 18 years, are in various forms of detention (detained, arrested, detained in prison) or procedural capacity of the suspect, accused, defendant or convicted of committing crimes in the context of prosecutions, or in the case of child victims or witnesses of abuse physical sexual, psychological, or they may appear in audiovisual programmes if the following conditions are cumulatively met: steps have been taken for the protection of the child's identity. "
It should also be pointed out that at the hearing of 23 December 2014 (BCC Decision nr. 196), the members of the electronic media watchdog CCA warned broadcasters over the observance of children's rights in accordance with the legislation in force, including: "Gave about dramatic cases, misfortune, suiciduri, abuse, it is not sufficient to process electronic images of child victims; in these cases, the protection measures should be applied to the identity and the relatives of the victims, and for the place or address of where it was produced, in the best interests of the child victim ".
Pursuant to the provisions of art. 38 para. (7) of the broadcasting code, the CCA has asked television station position "PRO TV CHISINAU ' on the subject mentioned in the appeal of Mr. Iurie Clifford, Deputy Attorney general.
By letter No. 01 of 12 February 2016, Î.c.s "S.R.L., owner of PRODIGITAL" license for television station PRO TV CHISINAU "," said media watchdog CCA that despite allegations made by the author of the referral, the implementation and dissemination of the subject have been taken all measures to prevent the identification of the minor: voice distortion, shooting back and Busby's head with. "Moreover, interviewing the juvenile held in compliance with art. "". 3 of law No. 30 of March 7, 2013, i.e. his previous interview he expressed his agreement to make certain statements. A guarantor in addition to the protection of minors in the context of the story was even the Prosecutor who attended the taping of the interview ".
Concerning the notion of "defendant" used by the reporter, this was not used in the criminal trial, but terms the "generic", according to the dictionary of the Romanian language. "We note that the news has not pursued a strict legal language, but socially, so as to ensure its comprehension of the company. Referring to the accusation that they had been violated the principle of presumption of innocence, point out that the author has invoked some expressions of referral, scoţîndu them out of context, and, moreover, some of these being skewed. "
With reference to the results of monitoring tests of CCA, by the letter f/No. from 25.02.2015 Î.c.s "PRODIGITAL" S.R.L. has communicated the following:

- „… The locality and the place where the crime was committed from the news broadcast by the tv station Pro TV Chisinau "in the information bulletin of 20 January 2016 does not constitute personal data of minors-the subjects of the news item. Indication of place and locality are information relating to crime, not the potential active and passive subjects. That news was presented in a certain House in the respective locality, lick that gave statements to the victim's sister, it doesn't mean that the House is the home of the victim.     -The age of minors, as, incidentally, and family status, are not relevant data to identify juveniles involved in the Act which was the subject of a news story;    -Indication of the age of children in the news seeks to underline the existence of the phenomenon among children age;    - … The fact that the victim's sister has shown in his statements the two male-pronoun and Andrian, it didn't mention who they are and which of them is the victim and who the alleged făptuitor;     -In the part referring to the rule in article 11. "". (3) (a). b) of law No. 30 of March 7, 2013 and the prescription of the art. 11 lit. b) of decision CCA No. 99 of 19 July 2012 on the observance of human rights and child protection in audiovisual programs ... began taking measures for the protection of the child's identity-the condition has been complied with fully, being taken for the protection of minors-both the victim and the alleged făptuitor;    -With reference to the provisions of art. "". (1) (a). the Act No.) 30 of March 7, 2013-relevant knowledge had not been publicly disclosed personal information of the victim of the offence from Cimislia, and personal data of alleged făptuitor ".
With reference to those invoked by Î.c.s "PRODIGITAL" S.R.L., we would like to mention that the framework is presented not a House, as the broadcaster claims, but the victim's House, because the images are visible burial items. Thus, we consider that not in any of the villages and towns of Moldova to retrieve such items, you also pay between them.
During the meeting members of the public, CCA said the arguments made by "Î.c.s" S.R.L., owner of PRODIGITAL license for television station PRO TV CHISINAU "," are unfounded in terms of legislation, to protect children from the negative impact of information, particularly where it comes to suicide, murder, etc. With regard to the notion of "broadcasting" on the defendant claims to have used it with a social connotation, CCA members have stated that in the subject, this is a purely legal term, a fact about which he speaks and the phrase: "because it has 16 years of age, the penalty shall be înjumătăţeşte". Thus, journalists using the qualifier "blamed" missing person of the presumption of innocence. 
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, and the CCA Decision nr. 127 from 26.12.2007, CCA DECIDES: 1. To accept referral No. 25-5 d/2016-41 dated 28 January 2016, however later from Mr. Iurie Clifford, Deputy Prosecutor general (PRO-(8)-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
2. To warn public Î.c.s "S.R.L.", the founder of PRODIGITAL television station PRO TV CHISINAU "," for transmission service with violation of point 3.1 lit. the emission licence) of the AC series nr. 000001 from 27.11.2009 (failure to comply with the provisions of article 11 letter b) of decision CCA No. 99 from 19.07.2012 regarding respect for human rights and child protection in audiovisual programmes; art. "". (1) (a). paragraph 1 of). (2) (a). d), para. (3) (a). b) of law No. 30 of 07.03.2013 concerning the protection of children against the negative impact of information), in accordance with art. 38 para. (2) (a). b) and para. (3) (a). the broadcasting code) (PRO-(8)-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, o. GUŢUŢUI, c. MÎŢU, m. OBI-HADIRCA, and d. VALENTINI).
3. 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), the tv station PRO TV CHISINAU "will execute this decision will remove certificates and waivers will communicate to the public the reasons for and the purpose of the penalty, in the formulation of the legislation in force.
4. Tv station PRO TV CHISINAU "will submit, within 15 days from the time the knowledge of this decision, a report on the measures taken with a view to the liquidation of infringements ascertained.
5. control of the execution of this decision, it shall carry out the monitoring Direction.
6. This decision shall be published in the Official Gazette of the Republic of Moldova and on the website of the electronic media watchdog CCA.

CCA BOARD CHAIRMAN Dinu CIOCAN