OSCE Representative presents legal review of Moldova’s Audio-visual Code, calls for further legal certainty and commitment to international standards

VIENNA, 20 June 2018 – The OSCE Representative on Freedom of the Media, Harlem Désir, today called on Moldova to ensure legal certainty and to uphold its commitments on media freedom, following a  legal review his Office shared with the Chairperson of Moldova’s parliament on the country’s draft Code of Audio-visual Media Services.

The analysis aims to help Moldova meet its OSCE commitments on freedom of the media and media pluralism. The legal review was commissioned by the OSCE and conducted by Dr. Joan Barata Mir, an independent media freedom expert.

“It is recommended that the aim of the law be broadened, specifically by establishing a complete and comprehensive regulation applicable to the provision of audio-visual media services in Moldova,” stated Désir in a letter to Andrian Candu, Chairperson of the Parliament of the Republic of Moldova on 11 June 2018.

“It is further recommended that the Code provide greater legal certainty vis-à-vis the services that are actually included or excluded, and that the definitions of the Code be improved in order for them to be fully in line with international standards,” noted the Representative.

The legal review also highlights the issue of so-called hate and extremist speech, noting that the Code needs to fully incorporate the case law of the European Court of Human Rights, allowing limitations only regarding expressions that incite or justify violence, discrimination, xenophobia or any other form of intolerance.

“My Office stands ready to assist Moldova by providing further advice and expert policy recommendations to improve freedom of the media in the country. I welcome and encourage the close working relationship between Moldova and the OSCE media experts, and hope that the proposed recommendations will be thoroughly considered by the authorities,” Désir concluded.

The full text of the review can be accessed here: www.osce.org/representative-on-freedom-of-media/385206.

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. He provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.