The noncommercial organizations will be able to provide linear audiovisual media services. The Constitutional Court (CC) declared unconstitutional provisions of the Code of Audiovisual Media Services stipulating that these services can be provided only by commercials organizations, IPN reports.
Challenge author, Minister of Justice Sergiu Litvinenco, former MP, said the provision of linear audiovisual media services only by commercial organizations institutes discriminatory treatment with regard to noncommercial organizations.
The Court held that the lawmakers decided the noncommercial organizations can carry out profit-making economic activities, including licensed ones, while the earned profit will be used exclusively to achieve statutory goals. This way, given the right to perform economic activities, both the noncommercial organizations and the commercial ones are in similar situations. However, by the ban on providing audiovisual media services, the noncommercial organizations are subject to differentiated treatment.
The Court noted that the differentiated treatment between commercial and noncommercial organizations as regards the possibility of working as private providers of audiovisual media services lacks a legal reason that would be stipulated by the Constitution.
The decision is final and cannot be challenged. It takes effect when it is adopted and is published in the Official Gazette.
