The Constitutional Court (CC) rejected the application filed by President Igor Dodon, who asked to determine the constitutionality of provisions of the law to amend the Broadcasting Code, which ban the broadcasting of news, feature, military and political radio and TV programs produced in other countries than the EU member states, the U.S. and Canada and than those that ratified the European Convention on Transfrontier Television, IPN reports.
In the June 4 meeting of the Court, presidential adviser Maxim Lebedinski said the given law affects the principle of democracy and directly violates the basic human rights guaranteed by the Constitution and the European Convention on Human Rights, namely the right to freedom of expression, freedom of the press, freedom of opinion, etc.
“The Constitution of the Republic of Moldova, by Article 34, guarantees the right to information. Under this, the right of the person to access any information of public interest cannot be hampered, while paragraph 5 of the same article says that the public mass media means are not subject to censorship. The examined bill shows the authorities’ tendency is typical of an authoritarian political regime, which is manifested by the limitation of the freedom of conscience, the press and the other mass media means. This exercise is often manifested by the monopolization of the mass media and subjecting to excessive political monitoring, through the instrument of censorship and banning of broadcasting of information that does not suit the power,” noted the presidential adviser.
The representatives of the Government and Parliament said the necessity of adopting the changes proposed to the Broadcasting Code appeared as a result of the wish to secure the information space of the state by imposing particular limitations on the transmission or broadcasting of news and feature programs produced not in accordance with the international standards and requirements specified in the European Convention on Transfrontier Television. The measure subject to constitutional control is constitutional and is based on the provisions of the national and international legislation.
As a result of deliberations, the Constitutional Court rejected the President’s request and recognized as constitutional Law No.257 of December 22, 2017 to amend the Broadcasting Code of the Republic of Moldova. The Court’s judgement is definitive and cannot be challenged. It takes effect when it is published in the Official Gazette.
