with regard to the examination of complaints received from Rahall, director of CCF/HHC United Kingdom representative, and Mariana Ianachevici, head PROTECTION, and the Star, Minister of labor Grigoraş, social protection and family of Republic of Moldova



Published: 21.10.2016 in Official Gazette No. 361-367 art Nr: 1770 i. On august 8, 2016, the CCA received the referral. 244 from 05.08.2016 from Rahall, director of CCF/HHC United Kingdom representative, and Mariana Ianachevici, head PROTECTION, stating that tv station "access" by broadcasting TV program "БЕСПРИЗОРНИКИ. Детство в подворотне "(I and II part/broadcasting date: 29.07.2016)," seriously deontological norms of the journalist, as well as the fundamental rights of the child contained in the UN Convention on the rights of the child, to which Moldova is a party since 1993 ". Thus, in the opinion of the petitioners, the subject of street children was reported "tendentious" and "the protagonists were filmed without condition to be protected identity, reporters have interviewed children without their consent or of the guardianship authorities. Moreover, the images in the page is clearly seen how kids don't want to talk, feel intimidated by investigative reporter who questions even are paying for to be encouraged to speak out. " At the same time, they show that in the reportage not disappointed are invited to expose child protection professionals ".
In this regard, Rahall, director of CCF/HHC United Kingdom representative, and Mariana Ianachevici, PROTECTION, Council President requesting the electronic media watchdog CCA "to refer the matter to the institution concerned about the importance of respecting ethical rules and the rights of the child".
II. On august 10, 2016, the CCA received the referral. 20/1, 08.08.2016 on the part of the star from laryngeal cancer, Minister of social protection, family and child of the Republic of Moldova, in which it noted that the tv station "access" by broadcasting TV reports "Развалины гостиницы" Национал "стали домом нескольких десятков безпризорников для" and "Безпризорники (части 1 и 2)," a neglected children's right to freedom of expression and identity, by providing a direct sum of money in Exchange for information ".
In this context, Minister of labour, social protection and family of Republic of Moldova requests the electronic media watchdog CCA to "analyze and apply appropriate penalties television station" TV "Accent for violation of children's rights and the norms of professional ethics".
Pursuant to the provisions of art. 38 para. (7) of the broadcasting code, the CCA has asked television station position "Accent" regarding the alleged in complaints.
By letter f/No. on august 24, 2016, the tv station "Accent" argues as follows: — in accordance with art. 4 of the law on freedom of expression, the media has the duty to inform the public on matters of public interest and to carry out, in accordance with its responsibilities, investigative journalism on issues of public interest. The investigative report by broadcasting "БЕСПРИЗОРНИКИ" I have fulfilled the main task of the media, telling society about issues of public interest. The presence of children in this report was a necessary and inevitable.     -With regard to the issue of protection of children's identity is maintained that according to the video you can see that many children protagonists and hid their faces alone or gave an interview with his face turned away from the camera. Thus, the materials published within the report does not identify the personality of these children;    -It should be noted that the establishment of the children's parents-tramps to receive their consent to filming and interviewing of children was at the event, one impossible;    the image has been addressed only two of these children, in order to speed up rescue measures and involvement, either from parents or from tutelary authorities. Because from discussions, they would donate to changes and the possibility of returning. It is about two girls who find themselves in this State relatively recently. I mean I acted in the best interests of the children must be rescued immediately from the situation that poses a risk to them. 
Pursuant to the provisions of art. 37 para. (3) (a). b) and (c)) of the broadcasting code, monitoring TV within the electronic media watchdog CCA has conducted monitoring programs referred to in the two complaints.
The results of monitoring have confirmed that the 29.08.2016, the tv station "access" TV broadcast "Развалины гостиницы «Национал» стали домом нескольких десятков беспризорников для" (broadcast time: 09:28:18/duration 36 min condition: 32 sec.), consists of two parts (part one: "БЕСПРИЗОРНИКИ. Как становятся детьми улицы"; Part II: "БЕСПРИЗОРНИКИ. Детство в подворотне).
In the context of the show in question was addressed the topic of street children, with the protagonists about 20 kids who live in the ruins of the hotel "national". Team that went to the spot presented viewers sequences from the everyday life of these homeless children, who are forced to beg or steal, even as you claim in the interview, children themselves for having what eat. So, in the images appear syringes thrown to the floor, children sleeping on pieces of cardboard and dirty blankets, eating a piece of bread or inhalând toxic substances. The filmmakers also report, to emphasize the critical situation in which it is stated that these children, they use or inject toxic substances and narcotics, which, according to one of the children, it helps to look and to overcome fear-reality in which they live and the hunger that one endures. 
In this context, the framework is a minor child, who presented himself as sales of perfumes, which led the film crew among the ruins. The reporter comes up with the comment that such sellers are "drug dealers", which these regions among street children these substances. It should be mentioned that the producers of the report, although this is a minor child and being presented as potential "sales of drugs", have not provided nor in a way its identity. Protection rules have not been taken any other minors who appeared in gros plan or even interviewed.
On the edge of this major problem was sought from several experts opinion: Silvia Grigore, Chisinau Municipal Council on behalf of the PRCM; Dadzie, head of Safe Kids Public Security Directorate; Ana G., Ph.d. psychologist; Svetlana Kifa, ex-director of the municipal Directorate for the protection of the rights of the child; Maria Amor, director of a children's homes in the Chisinau municipality; Svetlana, a physician of children's homes.
Although the show "Развалины гостиницы «Национал» стали домом нескольких десятков беспризорников для" comes to emphasize the situation of street children forced to carry a living through various means, thus becoming vulnerable to various negative social phenomena, the tv station "access" has not taken any measures to protect the identity of the protagonists of the show. In the pictures, the kids are filmed in gros plan, first and last name, age and social status of families. Also in the interviews, children are put up embarrassing questions, making them feel intimidated.
Thus, by broadcasting the show "Развалины гостиницы «Национал» стали домом нескольких десятков беспризорников для" tv station "access" has committed derogations from: • Art. "". (1) (a). c) of law 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: to introduce photographs of children or videos about them in the context of negative social phenomena, which allows the identification of the children";

• 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. "". (2) (a). h) of law 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: interviews and statements in which the children are solicited opinions regarding intimate problems or family problems that exceed the power of judgment";
• Art. 7 of decision CCA No. 99 from 19.07.2012 regarding respect for human rights and child protection in audiovisual programmes: "it is prohibited to disseminate any clues that might lead to the identification of children aged up to 16 years old, involved in cases with negative connotation (accidents, crimes, sexual abuse, physical abuse or psychological, family disputes, suicides, drug abuse, alcohol abuse, etc.) including as victims or witnesses. Except where the journalist is acting with the consent of their parents or guardians, in the best interests of the children ".
In accordance with article 5. 38 para. (7) of the broadcasting code, CCA, by way of registered letter No. 453 from 05.09.2016, has dispatched a monitoring report broadcaster subject to monitoring.
By letter f/No. of 15 September 2016, "TELESISTEM S.R.L.", founder of TV channel "TV" Accent, told the Council that it has taken measures to eradicate violations brought in above mentioned issue, through electronic processing of faces and voice alteration.
At the same time, it is specified that in the letter No. 08/09 of 5 September 2016, the Press Council has forwarded to the CCA decision No. 03 of 23 august 2016 with respect to the examination of complaints of public association "CCF-Child, community, family, Alliance of NGOs active in the field of social protection of children" and referral to the Minister of labour, social protection and family (due to the request by the CCA through SCR. No. 420 of 15 august 2016) against the television station "TV" Accent, he finds that the tv station "Accent" had committed misconduct. 3.1 (the journalist protects your identity sources, including court judges, prosecutors, policemen and other law bodies.  Protection of professional secrecy and the confidentiality of sources is equally a right and an obligation of the journalist) and 4.13 (the journalist protects the identity of minors involved in events with negative connotation (accidents, crime, family disputes, suicides, etc.) of the journalist's code of conduct.
During the meeting, members of the public electronic media watchdog CCA have found that tv station "access" has not protected the identity of the protagonists in children investigation aired, coming at the same time, with the recommendation that the production in which they are targeting children to take account of the decisions of the CCA, as well as other legislative and normative acts regarding protection of children in audiovisual services.
Following the examination of appeals, given the public debate, pursuant to the provisions of art. 39-41 of the broadcasting code no. from 260 of BCC is supervised, approved by Decision No. 433 from 28.12.2006 the Moldovan audiovisual Coordinating Council DECIDES: 1. To accept the referral. 244 however later the part from 05.08.2016 Lilianei, director of CCF/HHC United Kingdom representative, and Mariana Ianachevici, head PROTECTION, and referral. 20/1, 08.08.2016 on the part of the star from laryngeal cancer, Minister of social protection, family and child of the Republic of Moldova (PRO-(5)-HAMMER, a. CASTILLO, o. GUŢUŢUI, m. OBI-HADIRCA, and d. VALENTINO; CONS-(4)-a, a: BARBALATA. CARLSON, b. DAMASCUS and c. MÎŢU).
2. public warning to apply "TELESISTEM" S.R.L., founder of television station "TV" Accent, for failure to comply with subparagraph (a) in item 3.1. a) and e) conditions to the licence for broadcasting the series AA nr. 073688 from December 23 (non-compliance with article 4 para. (1) (a). c) and paragraphs 1 and 2. (2) (a). d) and h) of law No. 30 of 07.03.2013 concerning the protection of children against the negative impact of information, art. 7 of decision CCA No. 99 from 19.07.2012 regarding respect for human rights and child protection in audiovisual programmes), in accordance with article 5. 38 para. (2) (a). b) and para.  (3) (a). the broadcasting code) (PRO-(5)-HAMMER, a. CASTILLO, o. GUŢUŢUI, m. OBI-HADIRCA, and d. VALENTINO; CONS-(4)-a, a: BARBALATA. CARLSON, b. DAMASCUS and c. MÎŢU).
3. In accordance with the provisions of art. 38 para. (9) of the broadcasting code, this decision can be challenged in court, instantiate without the necessity of submitting a complaint, the finish of 30 days from the date of adoption and the broadcaster's acquaintance.
4. 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 "access" 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.
5. Tv station "access" will be presented, within 15 days from the moment the acquaintance of this decision, a report on the measures taken with a view to the liquidation of infringements ascertained.
6. control of the execution of this decision, it shall carry out the monitoring Direction.
7. 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