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With Regard To The Application Of Mr. Piotr Iablocikin

Original Language Title: cu privire la examinarea cererii dlui Piotr Iablocikin

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    On 31 august 2015, electronic address of the electronic media watchdog CCA (office@cca.md) received the petition of Mr. Piotr Iablocikin, stating that at the time of 31.08.2015, at 11:01 am, under News edition of television station "channel 3", she announced that "Today Moldova celebrates our Romanian Language". Thus, the petitioner argues that this claim is in contradiction with article 10. 111 labour code, according to which the official name of the Festival is "Limba Noastra". Also, Piotr referred to and from Iablocikin art. 13 of the Constitution of the Republic of Moldova, and argued that the above notice, the tv station "channel 3" attempted to mislead society "in the interests of a group of people who would not consider that Moldova is a sovereign and independent State".
Proceeding from the above, the petitioner asks the CCA, the finalisation, the obligation of television station "channel 3" at the public apology within the same educational program (News time 11:00), but also on the official website of the broadcaster. At the same time, Piotr Iablocikin asks to be informed in writing about the results of the examination of his application.
Pursuant to the provisions of art. 37 para. (3) (a). c) of the broadcasting code, the Council of TV monitoring CCA has conducted monitoring of the subject shown in the petition of Mr. Piotr Iablocikin.
Monitoring data have confirmed that on 31 august 2015, tv station "channel 3" broadcast within News Edition at 11:00, a subject (duration: 3 min 2 sec) about cultural agenda prepared for the deployment of the holiday "Limba Noastra".
Analysis of monitoring results suggest that tv station "channel 3" has not committed derogations from the audiovisual legislation, although at the beginning the subject she announces that "Moldova marks today our Romanian Language".
At the same time, it should be mentioned that the Constitutional Court Judgement No. 36 from 05.12.2013 specifies:-the Court retains that according to art. 13(2). (1) of the Constitution, the State language of Moldova is Moldovan, and its writing, language based on the Latin alphabet "(point 106);    -"On the other hand, the Declaration of independence operates with the term" Romanian language "as the State language of the newly created State of the Republic of Moldova" (107);     -"Therefore, the reference to the" Romanian language "as the State language is actually a constant in the text of the Declaration of independence itself, which is the founding act of the Republic of Moldova. Regardless of glotonimele used in legislation before the proclamation of independence, the Declaration of independence made a clear distinction expressly opting for the term "Romanian language" (108).    
Pursuant to the provisions of art. 38 para. (7) of the broadcasting code, CCA has sought, by letter No. 480 from 07.09.2015, the tv station "channel 3" with reference to those provided in the petition.
By letter No. 11/10/15 of 20 October 2015, "General Media Group" S.R.L., founder of television station "channel 3", informs the Council that the petition of Mr. Piotr Iablocikin is unfounded, on the ground that the decision of the Constitutional Court No. 36 from 05.12.2013: "Romanian Language as the State language and the reintroduction of the latin alphabet are first included in the enumeration of the Declaration of independence". Thus, General Media Group "S.R.L. believes that" accusations and claims formulated in the allowable way presents, a atentare upon the independence and freedom of expression ". At the same time, General Media Group "S.R.L. reference to art. 8 para. 4 of the broadcasting code, which States: "it is forbidden interference of any kind in the content, shape or presentation elements of programme services on the part of public authorities or of any other person outside Oficial broadcasting institutions".
In accordance with the provisions of art. 39-41 of the broadcasting code no. 260-XVI of the BCC is supervised, Status, approved by Decision No. 433-XVI dated 28.12.2006 on Moldova's Parliament, CCA DECIDES: 1. To reject as unfounded the petition of Mr. Piotr Iablocikin f/No. of 31 august 2015 (PRO-(8) d. HAMMER, o. BARBALATA, Iu. CARLSON, A. CASTILLO, M. OBI-HADIRCA, 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