With Regard To Its Own Declarations On Ensuring Transparency In Property Răspundereprivind Audiovisual

Original Language Title: cu privire la prezentarea declaraţiilor pe proprie răspundereprivind asigurarea transparenţei proprietăţii în audiovizual

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362300

with regard to the declarations on honour relating to ensuring transparency of ownership in broadcasting



Published: 11.12.2015 in Official Gazette No. 332-339 art no: 2513 CCA approved during the meeting of September 29, 2015, by decision No. 35/178, the Declaration on honour with respect to ensuring transparency of ownership, according to the new amendments to the broadcasting code of 5 March 2015, which entered into force on November 1, 2015.
Thus, private broadcasters were forced to make public the following information: name, address and contact details of the owner's name, the list of beneficiaries and/proprietarilor data on their participation in the share capital, a list of members of the Board and/or the Administrator's name, the names of the authors/producers of programmes or broadcasts, signals radio/television station symbol.
Within ten days after the entry into force of amendments to the broadcasting code (01.11.2015), that is, until 10 November 2015, private broadcasters for broadcasting license holders were forced to make public the information referred to in article 1. 66 para. (6) the broadcasting code and, in the same period, from 1 to 10 November 2015, including to provide the Coordinating Council of audiovisual, within 15 calendar days, we will publish on its website.
Until November 10, 2015 including 88 of 120 broadcasters have presented about the declarations on honour with respect to ensuring transparency of ownership (39 of 49 radio stations and TV stations).
Exceeded time limit laid down by the legislation in force, 20 broadcasters have submitted declarations about their responsibility with regard to ensuring transparency of ownership (11 radio stations and 9 TV stations).
At the same time, have not submitted declarations on honour with respect to ensuring transparency of ownership of 3 radio stations and 9 TV stations: radio stations: AQUARELLE-FM-Casa Editorial "Independent Media" S.R.L., KISS FM-BROADCASTING "FCE" Ltd., A.G. Vocea Basarabiei-Company "channel X" S.R.L.: tv stations HERE TV-Broadcasters ' Association NETWORK here, "Aiîn-Aiîn-Aciîc-" Aciîc "S.R.L. Channel X-Company "channel X" S.R.L., Fishing Hunting Channel-& Premium "Smart" RECRUITING Sales S.R.L., Gold TV-"AIR-COMMUNICATION GROUP" S.R.L., Ren-"TELEPROIECT" S.R.L., TV-Style "SHOW-style" S.R.L., calarasi-TV "Valigon-Impex S.R.L., and Vocea Basarabiei TV-Company" channel X "S.R.L. as a result of the analysis of declarations recorded in the CCA was found that 65 had been drawn up with certain omissions or ambiguities as well as the lack of: name of the radio/television Studio, radio station signals/television station, symbol of the webpage, the name of the owner (s), data on beneficiaries share participation of beneficiaries in the social capital, the name of the manufacturers/producers of the programs or shows and children's absence the identity card of beneficial ownership.
Within the public şedinței, CCA members have reminded broadcasters that have submitted declarations on honour with respect to ensuring transparency of ownership of certain shortcomings, like within 7 calendar days to remedy neclarităţile and to submit to the Coordinating Council of Audiovisual information.
At the same time, the CCA, Olga GUŢUŢUI, found, following examination of the statements, that the same final beneficiary holds 7 licences, which contravenes the provisions of art. 66 para. (3) the broadcasting code, and proposed respective competition Council dossiers remission.
Taking into account the above, as a result of the public debate on the basis of the provisions of art. 37-40 and 66 from the broadcasting code no. 260-XVI of BCC is supervised, the Statute and the decision of BCC nr. 35/175 Sept. 29, 2015, the audiovisual Coordinating Council DECIDES: 1. To warn public enterprises: Casa Editorial "Independent Media" S.R.L., founder of the radio station AQUARELLE-FM; FCE "A.G. BROADCASTING S.R.L., founder of the radio station KISS FM; Company "channel X" S.R.L., founder of the radio station Vocea Basarabiei and television stations Channel X TV and Vocea Basarabiei; Association of Broadcasters "NETWORK here," founder channel HERE TV; "Aiîn-Aciîc" S.R.L., founder of channel Aiîn-Aciîc; FCE "Smart Trade" S.R.L., founder of television station Channel Premium Fishing Hunting &; "AIR-COMMUNICATION GROUP" S.R.L., founder of television station TV Gold; "TELEPROIECT" S.R.L., the founder of Ren tv station Moldova; "SHOW-style" S.R.L., founder of TV-style television station; "Valigon-Impex S.R.L., founder of TV television station of CĂLĂRAŞI, for derogations from article. 66 para. (6) the broadcasting code (failure to submit Declaration), in accordance with article 5. 38 para. (2) (a). l), para. (3) (a). the broadcasting code) (PRO-(9)-UNANIMOUS HAMMER, m. OBI-HADIRCA, c. MÎŢU, Iu. CARLSON, B. DAMASCUS, O. BARBALATA, A. CASTILLO, O. GUŢUŢUI, D. VALENTINO).
2. The undertakings referred to in paragraph 1, within 72 hours after becoming aware of the scope of this decision, will present at the audiovisual Coordinating Council declarations on honour with respect to ensuring transparency of ownership (PRO-(9)-UNANIMOUS HAMMER, m. OBI-HADIRCA, c. MÎŢU, Iu. CARLSON, B. DAMASCUS, O. BARBALATA, A. CASTILLO, O. GUŢUŢUI, D. VALENTINO).
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 undertakings referred to in paragraph 1 shall carry out this decision, will remove the derogations certified and will communicate to the public the reasons for and the purpose of the penalty, in the formulation of the legislation in force.
4. Broadcasters: radio stations-Albena, ART, radio FM/FM, Avtoradio, Bas FM Radio, COOL James, Divine Culture, according to FM, FM, Discovery Dialog FM FM FM ECO Euronova, FLOR-FM FM FM Pulse, Maestro, CBA Muz FM, Pro FM, radio 100 PUBLIKA, Radio Radio 7/21, 7 Radio Радио, Chiscareni village, Chisinau, Radio Radio Radio 93.0 FM, Miss National FM, RADIO PLAI Radio, Radio, First Pro-european Mingir, Soroca, FM Radio, RETRO T.E.M. P, FM, FM Universe Triumph; television stations-5TV, Film, Home, Agro TV Moldova, ALT TV, ART-TV, ATV COGUK, Bizim Aidinic, Bravo, channel 2, Channel 3, Channel Mega, CTC, Eni, FLOR-TV, Gurinel TV, Info Channel, ITV, MBC-TV, SPORT TV, OTV, Nis, HALT, Prime TV, PRO TV CHISINAU, Moldova Publika TV, RTR, Studio-L, triumph, TV DALGAMIZ TV TV, AMANDA RAIN Prime TV, within 7 calendar days of becoming aware of the scope of this decision, will fix neclarităţile and shortcomings in the declarations on honour with respect to ensuring transparency of ownership and will present at CCA complete information (PRO-(9)-UNANIMOUS HAMMER, m. OBI-HADIRCA, c. MÎŢU, Iu. CARLSON, B. DAMASCUS, O. BARBALATA, A. CASTILLO, O. GUŢUŢUI, D. VALENTINO).
5. control of the execution of this decision, it shall exercise general direction, approval and monitoring licensing.
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