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With Regard To The Consideration Of The Report Concerning The Monitoring Of Election Campaign Coverage In The Presidential Election Of 30 October 2016 By The Tv Station ' Jurnal Tv ', For The Period From 30 September-9 October 2016

Original Language Title: cu privire la examinarea Raportului de monitorizare privind reflectarea campaniei electorale la alegerile prezidenţiale din 30 octombrie 2016 de către postul de televiziune „Jurnal TV”, pentru perioada 30 septembrie – 9 octombrie 2016

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    The audiovisual Coordinating Council decided at a meeting in September 26, by decision No. 25/145 (1), monitoring major newsletters of television stations "-1", "first", "channel", "channel 2", ' Publika TV ', ' 7 TV ', ' Focus TV ', ' Pro TV Chisinau "," Log "," 4 "," reality TV "," Ren, "NTV" Moldova "and" Moldova "in chapter RTR compliance with electoral legislation (the electoral code no. 1381 from 21.11.1997, codero No. 260-XVI of regulation is supervised, electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova) during the election campaign.
Pursuant to the provisions of art. 37 para. (1) and (3) (a). a), art. 40 para. (1) (a). a), b), (d)), art. 41 para. (1) (a). the broadcasting code), the CCA decision nr. 25/145 of 26.09.2016, given the importance of balanced coverage, equidistant and impartial electoral campaign by the broadcasters, between 30 September-9 October 2016 was carried out monitoring of principal newsletter of television station "TV Diary" ("official time 7 pm broadcast time"-19:00).
Tv station ' Jurnal TV ' broadcast, during the reporting period, 63 issues of political and electoral.
By letter No. 179-E/04 from 17.10.2016, "JURNAL DE CHISINAU" S.R.L., owner of the television station "TV Diary", requested the postponement of the examination of the report of monitoring for a further meeting, citing the reason that they have not received in good time the necessary materials to prepare their defense for the meeting to be nominated.
During the meeting in 17.10.2016, CCA has responded to the request "JURNAL DE CHISINAU" S.R.L.
Hence, in the framework of the principal newsletter channel ' Jurnal TV ', a. Nastase took the largest share of coverage in the news-45.5%, followed by m. S, with 15.5 percent. M. Lupu was publicized in volume of 12.5% and m. Ghimpu-7,5%. I. Dodon was presented in volume of 6,7%, i. Leanca-4.7%, and m. Laguta-1.8%. D. Ciubasenco and a. Gutu had accumulated approximately the same volume as a percentage of 1.7% and 1.6 percent, followed by i. Popenco-1.2 percent, v. Ghiletchi holds a degree with 0.8% and R-0.5 percent.
The coverage of electoral candidates within the bulletins broadcast by tv station ' Jurnal TV ' was generally neutral, some being treated both positive and negative.
Of the total volume of the subjects within the principal policy reflect newsletter channel ' Jurnal TV ', the dominant part of the coverage, 40,1% of accumulated PPDA, followed by the DEMOCRATIC PARTY with 25.1 percent, STEP-10.6% and PL-6.0%. OUR PARTY had a presence of 5.2% and CI-3.5%, followed by the PPEM, with 3.2 percent. PN and MR. have accumulated roughly the same volume as a percentage of 2.7% and 2.6%, followed by the PPD, with 1.1%.
The subjects covered within policy bulletins broadcast by tv station ' Jurnal TV ' had a connotation of coverage generally neutral, some being treated both positive and negative, except for PDM, which was part of a presentation emphasized the negative.
In the report period, the total number of subjects, the policy has been the most dominant men-83.4% and the share of women was an insignificant, 16.6%.
Result of quantitative and qualitative analysis in the report period were found exceptions to: • Art. 7 para. (2) and paragraphs 1 and 2. (3) the broadcasting code: "Giving airtime to a party or a political movements for the propagation of their positions, the broadcaster must also provide the same kind of programs and at the same time, air time to other political parties and movements without prevarication groundless and without favour a particular party, regardless of the percentage of its parliamentary representation"; "To encourage and facilitate the pluralistic expression of currents of opinion, broadcasters are required to reflect election campaigns the way truthful, balanced and impartial". Thus, an imbalance between its candidate PPDA, a. Năstase, with other candidates on the electoral and political subjects.
• Art. 7 para. (4) (a). c) broadcasting code: "to ensure within the bulletins of the broadcasters ' compliance with the principles of social and political balance, equidistance and objectiveness, they will place each story so that: in the case of subjects which refer to situations of conflict, to respect the principle of information from many sources." Thus, in the subject from 03.10.2016-about the request to exclude PPDA PDM from presidential race for being terminated, representatives claim that PPDA exponents from the DEMOCRATIC PARTY have ordered editing over a million brochures with annoying messages and libelous to address a. Nastase. Missing DPM position. The thread mentions that, for now, the DEMOCRATIC PARTY didn't come up performances with a reaction; 05.10.2016-topic about the action of protest in front of the Presidency, organised by members and supporters of the PPDA against promulgation package 7 laws by President b. Tadesse. In this regard, a. Năstase comes with a statement: "he is dumb, he is absent. He is a Chairman of huntei, a Chairman of the mafia. This individual has stayed for four years and took the place of the President. Received in vain money men ... This crime committed against a people own Tahini should be entitled to an investigation led by an independent attorney general. This individual is guilty of the usurpation of State and this individual will be held accountable along with Accusations ... ". Missing his position b. Tadesse.
Through the scr. 174-E/04 from 20.10.2016 with reference to monitoring Report concerning the electoral campaign in the presidential election of 30 October 2016 by the tv station ' Jurnal TV ', for the period from 30 September-9 October 2016, submitted repeated (SCR. No. 517 dated 12.10.2016 No. 528 dated 19.10.2016), "JURNAL DE CHISINAU" S.R.L., owner of the television station ' Jurnal TV ' claims that are "accused of committing violations" relating to electoral candidates reflect the connotation (the coverage of electoral candidates within the bulletins broadcast by tv station ' Jurnal TV ' was generally neutral, some being treated both positive and negative). We would like to mention that the derogation from the provisions of article attested. 7 para. (2) and (3) of the broadcasting code refers not to the qualitative indicator (to reflect the positive connotation: neutral, negative), but the quantitative indicator, which, according to monitoring results, indicated that a. Nastase, the candidate of the PPDA for President of the Republic of Moldova, was the most publicized election candidate, with a time of 33 min 27 sec, what constitutes 45.5% of the total volume of the coverage of electoral candidates.
"JURNAL DE CHISINAU" S.R.L. argues that BCC may not impose sanctions under article. 7 para. (2) of the broadcasting code because there's a legal question to the Court of appeal of Chisinau on this article submitted ' Jurnal TV ' on the annulment of point 8 of the decision No. 155 from 07.11.2014. At the same time, the petitioner alleging that he asked getting the position of the Supreme Court Plenum "is based on the provisions of art. CPC 12/2, according to which, if in the process of trial of pricinii in a Court of law the difficulties to correct application of substantive rules or procedural, the Court shall request the Plenum of Supreme Court Justice on their own initiative or at the request of the participants in the proceedings to issue an advisory opinion regarding how to implement the law. " With reference to the alleged "JURNAL DE CHISINAU" S.R.L. affirm that advisory opinion to which reference is made is not mentioned in the scr. 174-E/04 from 20.10.2016, what makes us think that the Supreme Court of Justice has not delivered an opinion with reference to point 8 of the decision No. 155 from 07.11.2014. Moreover, there is no final court decision that limits the jurisdiction of the CCA to apply the provisions of art. 7 para. (2) of the broadcasting code.
Another objection put forward by JURNAL DE CHISINAU S.R.L. "refers to derogations from the provisions of art. 7 para. (4) (a). c) of broadcasting code-"on the subject of 10.10.2016, we expose the perplexity, because even in the text of the report indicate that the subject mentions that, for now, the DEMOCRATIC PARTY does not have representatives had no reaction. This assumes that we have attempted to achieve and position, their only competitor, that they refuse to adjudicate. If to go after individuals who have drawn up the logic of the report, we must be punished for the fact that someone refused to comment, to expound the position to direct accusations? ". With reference to those invoked is clarified:

-for the time being, "Claims the DEMOCRATIC PARTY didn't come up with ' reaction shows that tv station ' Jurnal TV ' has not undertaken any attempt to seek the opinion of the party concerned, or, in the subject is not the phrase that" representatives of the DEMOCRATIC PARTY refused to comment on the accusations "or other wording which would indicate that the tv station has made every effort to obtain the position of DPM and they, in turn, refused to exhibit.
-tv station ' Jurnal TV ' claims that the official position of the DEMOCRATIC PARTY on this subject appeared as late as at 06.10.2016, which shows once again that the post does not take any measure to get the position of the DEMOCRATIC PARTY, but he expected its reaction.
With reference to the subject from 05.10.2016, "JURNAL DE CHISINAU" S.R.L. argues that the news not only his position a. Năstase, as you imply in your report, but also others, "circumstances in which cannot be talking about violation of art. 7 para. (4) (a). c) from the broadcasting code as long as we have several views on the same subject ". The ones cited, we would like to emphasize that serious allegations made in the topic to the President's address, Tahini, were brought by the candidate to the position of PPDA Chief, a. Nastase. Such as: ".. .the President of the mafia"; "this individual is guilty of complicity in the usurpation of State power"; "what did the President now, crime on Vay has committed against its own people has to be the target of an investigation ..."; " ... this President is the mafia, is his "Foundation". Furthermore, the claim that the subject indicated by "Journal" in the letter and who succeeded the report mentioned in the report does not contain allegations refer to the address of his Undefeatable. B. Tadesse, but refers to the protest organized by the PPDA, which recognizes the broadcaster himself through the following sentence: "in the context of this report it was stated and his official position b. Tadesse that was exposed by the Secretary-General of the Presidency, Mr. Ion Paduraru: ... "the protest is an action with an electoral". He also said that the presidential decree was a necessary decision and responsibility assumed for the release of some positive signs of development partners and potential investors to avoid a financial meltdown threatening to our State. "
Specify, "JURNAL DE CHISINAU" S.R.L. require the cessation of the examination of the report of the principal monitoring newsletter channel ' Jurnal TV ', covering the period from 30 September-9 October 2016.
During the meeting members of the public, CCA said the arguments exposed in the scr. 174-E/04 from 20.10.2016 there are plausible and that "JURNAL DE CHISINAU" S.R.L. has intentionally delayed the examination progress report concerning the electoral campaign in the presidential election of October 30, 2016 by the tv station ' Jurnal TV ', for the period from 30 September-9 October 2016. At the same time, members have noted that the CCA, taking into consideration that we are in the period of the presidential election campaign, the tv station ' Jurnal TV ' should be organised so as to able to examine the results of the monitoring results submitted by the CCA, as does the on and other tv stations subject to monitoring.
In accordance with the provisions of the broadcasting code, CCA, election code, regulation concerning the electoral campaign in the presidential election of 30 October 2016 in mass media from Moldova, the CCA Decision nr. 25/145 of 26.09.2016, and as a result of the examination of the report of the monitoring of the main newsletters of television stations "-1", "first", "channel", "channel 2", ' Publika TV ', ' 7 TV ', ' Focus TV ', ' Pro TV Chisinau "," Log "," 4 "," reality TV "," Ren, "NTV" Moldova "and" Moldova "in chapter RTR compliance with electoral legislation (the electoral code no. 1381 from 21.11.1997, codero No. 260-XVI of supervised , The regulation on the electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova) for the period from 30 September-9 October 2016, the audiovisual Coordinating Council DECIDES: 1. To apply the public warning "JURNAL DE CHISINAU" S.R.L., founder of television station "TV", Journal for non-compliance with subparagraph (a) in item 3.1. the Conditions of licence) from transmitting the series AA nr. from 03.07.2009 073710 (failure to comply with the provisions of article 7 para. (2), (3), (4) (a). c) of broadcasting code), in accordance with article 5. 38 para. (2) (a). b) and subparagraph (c). f) and paragraph 3. (3) (a). the broadcasting code).
2. 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 ' Jurnal TV ' 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.
3. The decision is enforceable as of the date of its adoption and to the knowledge of the broadcaster concerned by registered letter, with subsequent publication in the Official Gazette of the Republic of Moldova and on the website of the issuing body.
4. Tv station ' Jurnal TV ' will submit, within 15 days from the time the knowledge of this decision, a report on the measures taken with a view to the liquidation of infringements ascertained.
5. In accordance with the provisions of art. 38 para. (9) of the broadcasting code, this decision can be challenged in court, without the necessity of submitting a complaint, within 30 days from the date of its adoption and to the knowledge of the broadcaster.


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.