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With Regard To The Examination Of Some Complaints Submitted By The Central Electoral Commission

Original Language Title: cu privire la examinarea unor contestaţii remise de către Comisia Electorală Centrală

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    I. At October 20, 2009, at the address of the electronic media watchdog CCA of an upstart opposition on the part of Mr. Vadim Filipov, a representative of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Igor Dodon. The appeal in question was issued by the Central Election Commission, through its letter No. 8/522 of 18 October 2016.
In opposition, Mr V Martin mentions that "television stations of holding GMG (TV channels: Prime TV, channel 2, Channel 3 and Publika TV) ... make the hidden election advertising on behalf of Mr. Marian Lupu of at least 4 in a block of news broadcasts, plus the interactive". Mr Dodon representative at the CEC more mentions "election advertising hidden within news blocks of television stations within the holding itself constitutes a GMG form of unequal election of Mr. Marian Lupu".
Thus, opposing calls for: "to establish breach of art. 38 of the election code of the election Mr. Marian Lupu and apply its sanction is imposed in accordance with the electoral code. "
Analyzing the opposition, the audiovisual Coordinating Council shall inform:-art. 65 paragraph 1. (3) of the electoral code stipulates: "the complaints concerning the electoral campaign by the broadcasters under the jurisdiction of the Republic of Moldova shall be examined by the audiovisual Coordinating Council in accordance with the provisions of the broadcasting code of the Republic of Moldova";
-item 64 of the regulation on the coverage of the electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova stipulates: "Complaints concerning the electoral campaign by the broadcasters under the jurisdiction of the Republic of Moldova are examined by the Bcc pursuant to the provisions of the electoral legislation and audiovisual and print media to internet publications times will be examined by the courts";
-art. 38 from the Moldovan broadcasting Code stipulates that CCA applies penalties for infringements of the rules laid down by law only by the broadcasters;
-item 65 of the regulation on the coverage of the electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova shall act: "failure to comply with this Regulation shall entail the application of the sanctions provided for by the legislation in force. In the case of broadcasters and distributors, the CCA will apply the sanctions provided for in the code, including failure to comply with the editorial policy statements for the electoral campaign. "
The opposition is requested: "find the violation of art. 38 of the election code of the election Mr. Marian Lupu and apply its sanction is imposed in accordance with the electoral Code, as follows:-circa may penalize for exemptions from legislation only broadcasters but not the contestants;
-CCA examines only complaints concerning derogations from the legislation of broadcasters under the jurisdiction of the Republic of Moldova. Examination of complaints concerning the establishment of derogations contestants not competence.
At the same time, inform the opposing party that the audiovisual Coordinating Council, during the meeting of 26 September 2003, by decision No. 25/145 (1), has decided to monitor the main newsletters of television stations "-1", "7", "TV Access TV ', ' Pro TV Chisinau", "Log", "4", "reality TV", "Ren" "NTV" RTR "Moldova" and "first posts", "channel", "channel 2" and "Publika TV ' in chapter 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), during the election campaign.  Thus, as a result of the examination of the progress report covering the period from 30 September-09 October 2016 decision CCA No. 27/155 of 17 October 2016, the company "General Media Group Corp." S.R.L., founder of tv stations "Prime", "channel" channel 3 ", 2 ' and ' Publika TV ' was sanctioned for electoral campaign with exemptions from legislation, namely was an imbalance between the DEMOCRATIC PARTY and its nominee-Lamb, with the other candidates on the electoral and political subjects. The DEMOCRATIC PARTY and its candidate for the position of head of State have been favored by a stressed positive media coverage.
II. The CCA has more upstart opposition on the part of Mr. Vadim Filipov, a representative of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova, Mr. Igor Dodon. The appeal in question was issued by the Central Election Commission, through its letter No. 8/523 of 18 October 2016.
In opposition, Mr Vadim Filipov noted that "at the time of 11.10.2016, as a result of accessing some sites (www.ziarulnational.md, www.europalibera.org and URwww.radiochisinau.md), I found the placement of articles entitled as follows ... After examining the data items have established that, in fact, does not represent anything other than campaigning in support of Ms. electoral contestant Maia Sandu. "
Thus, opposing calls for:-ascertainment of infringements of the legal provisions by the election Ms. Maia Sandu and applying appropriate sanctions in accordance with the legislation in force;
-To compel news portals www.europalibera.org, www.ziarulnational.md and www.radiochisinau.md to remove the items in question.
Analyzing the opposition, the audiovisual Coordinating Council shall notify:

-under article. 38 from the Moldovan broadcasting Code, the audiovisual Coordinating Council applied sanctions for infringements of the rules laid down by law only by the broadcasters; point 65 of the regulation on the coverage of the electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova shall act: "failure to comply with this Regulation shall entail the application of the sanctions provided for by the legislation in force. In the case of broadcasters and distributors, the CCA will apply the sanctions provided for in the code, including failure to comply with the editorial policy statements for the electoral campaign. " The opposition is requested: "becoming aware of the infringement of legal provisions by the election Ms. Maia Sandu and applying appropriate sanctions in accordance with the legislation in force", i.e., CCA may penalize for exemptions from legislation only broadcasters but not the contestants;
-art. 65 paragraph 1. (3) of the electoral code stipulates: "the complaints concerning the electoral campaign by the broadcasters under the jurisdiction of the Republic of Moldova shall be examined by the audiovisual Coordinating Council in accordance with the provisions of the broadcasting code of the Republic of Moldova"; item 64 of the regulation on the coverage of the electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova stipulates: "Complaints concerning the electoral campaign by the broadcasters under the jurisdiction of the Republic of Moldova are examined by the Bcc pursuant to the provisions of the electoral legislation and audiovisual". Concerned about complaints concerning only examine derogations from the legislation of broadcasters under the jurisdiction of the Republic of Moldova. News portals www.europalibera.org, www.ziarulnational.md and www.radiochisinau.md are not broadcasters.
Furthermore, art. 65 paragraph 1. (3) of the electoral code stipulates "Complaints regarding electoral campaign ... the means of mass media by shall be examined by the Court ' and point 64 of the regulation on the coverage of the electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova stipulates:" Complaints concerning election campaign coverage by the ... publications on the internet will be examined by the courts ".
Following the examination of the complaints submitted to the public by the CEC under the broadcasting code, the status of the CCA, the electoral code, the rules concerning the electoral campaign in the presidential election of 30 October 2016 in mass-media of the Republic of Moldova and the law on administrative courts, the audiovisual Coordinating Council DECIDES: 1. To return the appeals of Mr. Vadim FILIPOV, a representative of the advisory vote in the Central Election Commission of the candidate to the position of President of the Republic of Moldova Mr. Igor Dodon, remitted by CHEQUE (PRO-(6)-HAMMER, o. BARBALATA, Iu. CARLSON, a. CASTILLO, c. MÎŢU and d. VALENTINI).
2. control of the execution of this decision, it shall exercise Direction and legal regulations.
3. This decision shall be published in the Official Gazette of the Republic of Moldova and in the web page of the CA.

CCA BOARD CHAIRMAN Dinu CIOCAN