On The Examination Of A Request From Mr Cyril Moţpan

Original Language Title: cu privire la examinarea sesizării dlui Chiril Moţpan

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362734

On 13 November 2015, CCA address has received notification f / No. from Mr Cyril Moţpan, Secretary General of the Council of Great National Assembly, stating that on 12 November 2015 in the show "Fabrika", broadcasted by TV channel "Publika TV", the guests made various declarations and statements "false and libelous, defamatory and devoid of common sense to the Civic Platform Truth and Dignity and the Council of Great National Assembly".
The petitioner claims that the statements could not be countered by those concerned because they were not invited to this show and has not been asked their opinion. In this respect, Cyril Moţpan, Secretary General of the Council of Great National Assembly, calls for the right of reply in the show "Fabrika" Civic Platform Dignity by representatives of the Council and the Truth and the Grand National Assembly.
Pursuant to Art. 37 para. (3) c) of the Broadcasting Code, the Directorate of the TV monitoring CCA monitored the show "Fabrika", broadcasted by TV channel "Publika TV".
The monitoring results confirmed that on 12 November 2015 was broadcast show "Fabrika" (viewing time: 21: 35: 19 / duration: 49 min. 41 sec.) To denote as guests Pavlicenco , president of PNL; Veaceslav Ionita, former President of the Parliamentary Economy, Budget and Finance; Victor Gurău, political analyst; and media analyst Cristian camp. The proposed theme for discussion was the decision to form a DA Platform party. Thus, the show begins with citing Andrei Nastase, one of the leading Platform DA: "We will form a political party soon, and it'll record the Minister of Justice. The ruling political class failed to consider the claims of the protesters. "
In this context, Pavlicenco said the DA Platform knew from the beginning that it will form a political party. DA Platform decision to form a party is the result of manipulations. Also Pavlicenco DA believes that the platform will be another party LDP, "LDP 1 - Filat, LDP 2 - Godea LDP 3 - Hadârcă, LDP 4 - 5 block Leanca LDP - DA Platform". Also, she reiterated that these parties were behind "groups Filat-Lucinschi, who do nothing good for Moldova, but were used by people to leave the impression that they would do something else, and what they do how will we stop talking. "
The same position is shared by political analyst Victor Gurău that, too, believes that the start Platform DA knew it would create a political party: "This gang had from the start other strategic goals, aspirations than people who gathered the Square. From the first protests it was clear that crystallized a team that was formed in time and space through the manipulation of a private television station and financed by those who stand behind this group of entertainers - Viorel and Victor Topa. And strategic goal from the beginning was to form a party and the party to become parliamentary. " Also V. Gurău also said that "this group of activists tried the tricks and manipulations to win the right to speak on behalf of the people. Ie the so-called Great National Assembly and National Assembly declaration, not even smells like representation that participation as an element, as a structure of a hard core of social strata intelligence etc. Seeing that they have reached the maximum level who can afford to upset society, they made this statement. " Next, Victor Gurău concludes that "there was need for the party in order to negotiate his freedom Victor and Viorel Topa in a possible political situation."
All Gurău Victor also said that during a show made it very clear how the da destroy the cohesion of society and the protest movement, as it will not do anyone. In his view, when the craving arises political power, citizens will feel betrayed, and the entire mass protest will focus on "Usatîi demagogue". Because none of the "lidăraşii Platform is unable Usatîi's demagogic promises to do."

As a result of the foregoing shows that in accordance with art. 16 para. 1 ( "Every natural or legal person, regardless of citizenship, nationality and domicile, which is affected in its legitimate rights and, in particular, his reputation by presenting the issue of facts incorrect has the right to reply, correction or right to require similar remedies in accordance with the civil Code "), para. 3 ( "On the request for exercising the right of reply, the broadcaster is notified in writing within 20 days after the program to which the request relates. The broadcaster broadcasts reply in the same program at the same time and with the same duration, within 15 days of the date of examination of the preliminary application, and if the program which aired this information appears less frequently than once every 15 days, the answer is sent in the next issue. if the issue is excluded from the program schedule, the answer is broadcast at the same time and the same amount within 15 days from the date of examination of the application ") and para. 6 ( "the broadcasting of the rectification or granting of the right of reply does not deprive the injured person to address the court") of the Broadcasting Code, the Civic Platform Dignity and the Truth and the Council of the Great National Assembly have the right to request right of reply, correction or right to require similar remedies in accordance with the civil Code.
Pursuant to Art. 37 para. (2) and art. 38 para. (7) of the Broadcasting Code, as well as to objective examination of all the circumstances before them, the Broadcasting Coordinating Council has asked the television station position "Publika TV" on those stipulated in the notification.
By letter no. 1 / A of 12.01.2015, the company "General Media Group Corp." Ltd. informs that the Broadcasting Coordinating Council:
- "the complaint itself states that the author allegedly defamatory information are guests on" Fabrika "dated 12.11. 2015, and according to art. 15 para. 1 of the Law on freedom of expression, the person who considers defamed may request the author's prior request information and / or legal person who spread an adjustment were defamatory retraction " - "Accordingly, the alleged defamatory statements belong guests show" Fabrika ", and according to art. 15 of the Law on freedom of expression on the retraction request may be made to the author information "; - "However, according to art. 27 para. 2 of the Law on freedom of expression expressly establishes "Replica refers only to the contested defamatory information will be exposed in terms decent and will not contain threats or marginal comments." Accordingly, the authors would clarify expressly referral information it deems "defamatory" and seeking the right to reply in writing by presenting a contradictory position to the information recorded in the strict limits set by art. 24 of the Law on freedom of expression and art. 16 of the Broadcasting Code. "
In the public meeting, members of CCA mentioned that each person who feels aggrieved in his legitimate rights have the right to reply, but the request for exercising the right of reply may be rejected by the broadcaster if such a reply is not justified. However, this does not deprive the injured person to address the court.
Regarding the complaint filed by Mr. Cyril Moţpan, Secretary General of the Council of Great National Assembly, ACC members noted that information on alleged of violating the dignity and honor within it are not fully substantiated. Meanwhile, ACC members have requested Monitoring Directorate developing a project on monitoring information-analytical programs and talk-shows related to observance of the broadcasting law.
In the context of the findings, following public debate and being based on the Broadcasting Code no. 260 of 27.07.2006, the Statute CCA, approved by Decision no. 433 dated 28.12.2006 of the Parliament of Moldova, the Coordinating Council of Audiovisual DECIDED
:

1. To reject the complaint by Mr Cyril Moţpan, Secretary General of the Council of Great National Assembly, f / No. dated November 12, 2015 (PRO - (8) D. hammer, Barbalić O. Iu. COLESNIC, A. COZMA, N. DAMASCHIN, O. Gututui C. bribery, D. VICOL).

2. Control over execution of this Decision exercised TV Monitoring Directorate.
March. This Decision will be published in the Official Gazette of the Republic of Moldova on the website of the CCA.
COORDINATING COUNCIL PRESIDENT


BROADCASTING Dinu HAMMER