with respect to Mr. Vasile Năstase examination referral, Chairman of the public association "Association for cultural development and the protection of copyright and related" APOLLO "
Published: 15.01.2016 in Official Gazette No. 2-12 art Nr: 37 Nov 11, 2015, the CCA received referral No. 696 Mr. Vasile Năstase, President of the public association "Association for cultural development and the protection of copyright and related" APOLLO ", through which informs you that the tv station" raw "broadcast on 9 November 2010 (time: 20:58), an advertising spot for Match Stakes, which refers to Champions League matches to be aired on the tv channel" channel 3 ".
At the same time, the "APOLLO" emphasizes that a similar situation has been identified and the broadcasters "channel 2" and "channel 3", through which it invoked to derogate from the provisions of art. 19 para. 8 of the law on advertisement No. 1227 from 27.06.1997.
In this context, the petitioner is requesting investigation and sanctioning of those mentioned television stations "Prime", "channel 2" and "channel 3".
After examining the referral question was found its acceptance of failure, 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 spot on the edge of the United States Agency for broadcast advertising for Match Stakes in television stations "Prime", "channel 2" and "channel 3".
The results of monitoring have confirmed that ad spot for Match Stakes, with the content: "Pari Match up rewards. Watch all the matches in the period November-December on "Channel 3". Guess what keywords will appear during parties. Send them via SMS to 2340 and you can win a high value tablet. More details on the website www.ucl.canal3.md and on our facebook page. Pari-Match play-you earn ", was broadcast by tv stations" Prime ", from 09.11.2015 (time: 20:58)," channel 2 ", from 24.11.2015 (time: 12:55) and" channel 3 ", from 20.11.2015 (time: 18:29).
It should be mentioned that article. 19 para. 8 of the law on advertisement No. 1227 from 27.06.1997 stipulates: "it is prohibited the advertising of entrepreneurial activity related to maintenance of casinos, halls with automatic game, bets and gains money obtained as a result of participation in them".
Pursuant to the provisions of art. 37 para. (2) and article 3. 38 para. (7) of the broadcasting code, as well as for the purposes of the examination of the objectives of all the circumstances, seized on the CCA has asked television stations position "Prime", "channel 2" and "channel 3".
By letter No. 27 of 27 November 2015, "General Media Group S.R.L., owner of the Body" license for broadcasters, "Prime", "channel 2" and "channel 3", said the following: "Ad Spot to which reference is made is not aimed at promoting entrepreneurial activity and/or enlarge the bets and money gains obtained as a result of participation, the reasons and facts relied upon are skewed , and circumstances are presented, with the aim of waging tendentious in error by members of CCA ".
-"Order is determined by the spot Promotion Campaign, which highlights not maintenance halls with casinos, slot machines game, bets and gains money obtained as a result of the participation of these and the regulation of the campaign can be found on the site http://ucl.canal3.md/rom/regulamentsmsconcurs/."-"Spot aired did not highlight the gains achieved as a result of money to participate in these activities may not hit this ban on the spot to which reference is made because it does not indicate that the monetary gains can be obtained, if it will participate in some activities, eventually, falls under the prohibition of such advertising combined with the dissemination of results cîştigului money instantly or express money transfer indicating what results can be obtained. While the lack of cumulative elements does not serve as a reason for the ban. "-" at the same time, we would like to mention that the provisions of art. 19 para. 8 must be applied and interpreted in its entirety, without exclusion of any words to understand correctly and fully the meaning and purpose of it. "-" taking into account the above, we believe that our actions fall under the provisions of the law, through which the pretensions are groundless. "
In the light of its findings, following public debates and taking the basic provisions of the broadcasting code no. 260 from BCC is supervised, the Statute, approved by decision No. 433 from 28.12.2006 the Moldovan audiovisual Coordinating Council
DECIDES: 1. To take note of the appeal of Mr. Vasile Năstase, President of the public association "Association for cultural development and the protection of copyright and related" APOLLO ", nr. 696 from 11.11.2015, and to monitor the content of the advertising spot for Match Stakes in television stations "Prime", "channel 2" and "channel 3" (PRO-(8) d. HAMMER, o. BARBALATA, Iu. CARLSON, A. CASTILLO, BORN DAMASCUS, O. GUŢUŢUI, C. MÎŢU, D. VALENTINO).
2. control of the execution of this decision, it shall carry out the monitoring Direction.
3. 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