{"id":137280,"date":"2008-09-23T17:57:00","date_gmt":"2008-09-23T17:57:00","guid":{"rendered":"http:\/\/new.moldova.org\/2008\/09\/23\/2008-report-freedom-of-expression-and-media-in-the-republic-of-moldova-152237-eng\/"},"modified":"2008-09-23T17:57:00","modified_gmt":"2008-09-23T17:57:00","slug":"2008-report-freedom-of-expression-and-media-in-the-republic-of-moldova-152237-eng","status":"publish","type":"post","link":"https:\/\/www.moldova.org\/en\/2008-report-freedom-of-expression-and-media-in-the-republic-of-moldova-152237-eng\/","title":{"rendered":"2008 report: Freedom of expression and media in the Republic of Moldova"},"content":{"rendered":"Reading Time: <\/span> 6<\/span> minutes<\/span><\/span>

By Liliana Viţu*, Statement at the European Parliament’s hearing on Moldova (August 25, 2008; Brussels)<\/p>\n

One of the priorities of the EU-Moldova Action Plan is to ensure respect for freedom of expression and media. At the beginning of 2008 both Jose Manuel Barroso and Benita Ferrero-Waldner declared at meetings with President Vladimir Voronin that lack of progress in ensuring a pluralistic environment and respect of media freedom is one on the five shortcomings in the implementation of the Action Plan. <\/p>\n

Although media legislation largely embraces European norms, certain legal provisions are being turned into practice in a manner that favours the ruling Communists’ Party (CPRM) and Christian-Democrat Peoples’ Party (CDPP). For example, as outlined by a number of media NGOs, the Broadcasting Code was edited so as to allow the ruling party to preserve control over the Broadcasting Coordinating Council (BCC) and to make possible the privatization of the capital municipal stations Antena C and Euro TV Chisinau by persons closely affiliated to the two parties on the eve of 2007 local elections. Despite legal requirements "one should not allow their closing down, but should secure a pluralist environment for media development" during the reorganization of public media outlets, BCC took no action when the new owner cancelled the majority of programs well known to the audience of Antena C and dismissed most of its reporters.<\/p>\n

A number of laws are still not in line with the European Convention on Human Rights, namely regarding the "defamation of the state and the nation" prohibited by Constitution and criminal offences, i.e. "illegal collection and deliberate unauthorized dissemination of some information protected by law regarding private life" (Article 177 Criminal Code). The Administrative Code provides for incarceration of up to 30 days for libel and verbal abuse, whilst anybody who feels defamed can file a case requesting the retraction of the information, as well as moral and material damages unless the journalist who disseminated the information proves it is true. The law does not set a ceiling on moral damages to be paid to an individual. In practice, the defendant is asked to prove the truthfulness of his\/her statements regardless of good faith, dominant public interest and journalistic ethics. The same applies to the value judgments.<\/p>\n

\"\"The new composition of the BCC proved to be politically biased in favour of the parties that secured the elections of BCC members in the Parliament: CPRM, CDPP and Democratic Party (DP). Arbitrary licences annulments and discriminatory licences’ distribution according to political loyalty occurred as the most alarming tendency in the work of BCC members. For instance, following a groundless request from the Ministry of Information Development, the BCC decided to withdraw the nationwide frequency used by the Romanian public broadcaster, TVR1. Thus, the opinions of hundreds of thousands of viewers were ignored in favour of an unknown company, whose representative worked in a media holding supported by the ruling party. Another relevant example is the one of Vocea Basarabiei radio station (critical of the Government) that received no frequency out of the 10 it requested during 2007, whereas at the same time the BCC decided to award all available channels to the NIT TV station (loyal to the Government).<\/p>\n

Both Moldovan and international observers agree that the Government’s failure to transform Teleradio-Moldova (TRM) from a propaganda instrument into a genuine, independent public broadcaster is by far the most pressing issue on the media landscape. TRM is the most widely watched news provider and the only station with nationwide reach, which gives it huge importance: almost three quarters of respondents in a poll listed television as their primary news source, while over half of respondents in the same poll named TRM as their most trusted media source. The government’s failure to open up the TRM to opposition parties and other alternative viewpoints is therefore of critical concern.The OSCE Mission to Moldova has expressed concern about the pace of reforms at TRM, which "has made almost no progress towards becoming a truly independent public service broadcaster since its formal transformation in August 2004", and has urged the newly elected Supervisory Board to "lose no more time in initiating fundamental and visible changes in the way the broadcaster reflects public and political life in the country". At the time of both the 2005 parliamentary election and the 2007 local elections the international community similarly echoed the concerns of domestic NGOs that the national broadcaster was being used to promote the ruling party and weaken its political opponents. Recent media monitoring reports show that over 40% of the news reports broadcasted by TRM are biased and have a praising character. Top leadership representing the ruling party – President Vladimir Voronin, prime-minister Zinaida Grecianii and Parliament speaker Marian Lupu – continue to enjoy most of the screen time, while the opinions of the opposition are absent.<\/p>\n

In recent years the Moldovan authorities have frequently used various forms of economic pressure to restrict media pluralism. Independent media outlets have seen their finances limited through lost advertising revenue – which the government redirects towards more docile media – and have needed to pay discriminatory fees to the state publishing house and the monopoly press distributor, The Moldova Post. They have also suffered from arbitrary licence annulments and hefty fines for alleged defamation. These tactics have resulted in either the closure of many media outlets or else a rise in self-censorship: it is worrisome that three TV channels and four radio stations declined to cover the 2005 general elections or broadcast any form of election advertising.<\/p>\n

Recent attacks on independent\/opposition journalists raised questions over the political will of Moldovan authorities to conduct free and fair elections by ensuring pluralism in media. For example:
\n– In June 2008, Prosecutor’s Office confiscated the computers of a group of teenagers and interrogated them, after the latter expressed critical opinions on web-based forums. The youngsters were accused that "through the portals they repeatedly called to violently overthrow the constitutional regime and to liquidate the statehood and territorial integrity of Moldova". This way, the Criminal Code was used to restrict the freedom of expression and intimidate those who displayed openly critical views towards the government.
\n– In February 2008, Moldavskie Vedomosti newspaper reporter was denied access to the meeting of the European Commissioner Benita Ferrero-Waldner with students of Chisinau State University. The administration of the university and the Security Service officers blocked the access of the journalist on groundless reasons.
\n– In February 2008, a reporter from Timpul de Dimineata newspaper was brutally treated by a bodyguard of Prime-Minister on the premises of a governmental car park. Later on the General Prosecutor’s Office filed a case against the director of Timpul de Dimineata, Constantin Tanase, charged with "instigation to national, racial and religious hatred or division." Media NGOs stated that the charges were not based on evidence that would prove the ill will of the journalist and raised questions as to the legal proceedings .
\n– In January 2008, a group of journalists from PRO TV, Dixi TV and Jurnal de Chisinau newspaper were not allowed to cover a concert of a Moldovan well known writer on the grounds that they did not have "tickets" or special invitations for this event. In addition, the Pro TV cameraman was forced to delete the images of President Voronin recorded while he was entering the venue. The same Pro TV crew was not allowed in March 2008 to film the Chairman of the Parliament attending a Slavic Festival.<\/p>\n

Weakened by years of political and economic pressure, the media in Moldova are not in a position to serve the public interest by pushing for democratic reforms or better government policies. Until this happens, Moldova will struggle to deepen its ties with the EU or ensure the sort of political and economic changes needed for a sustainable and significant increase in living standards.<\/p>\n

Recommendations to the Government of the Republic of Moldova:
\n• To move from words to deeds in ensuring pluralism of views in media, provide access to information and create a favourable environment to journalists in line with its commitments under the EU-Moldova Action Plan, specifically by refraining from using law enforcement bodies as means of intimidation.
\n• To curb the political control of the Broadcasting Coordination Council and Teleradio-Moldova, so that the two institutions start genuinely serving the public interest, and not the one of the ruling party and its allies.
\n• To promote open debates at public broadcasting company – TV and radio – and offer voters diverse and balanced information in order for them to make an informed choice in future elections.<\/p>\n

Recommendations to the European Union:
\n• EU institutions should consider bringing conditionality in its dialogue regarding reforms in Moldova especially that the country highly benefits from ENP funding. EU statements are welcomed but not as efficient as putting on hold financial assistance against lack of political will in promoting crucial democratic reforms.
\n• EU should engage into a more active public diplomacy, firstly through the Member States’ Embassies and the European Commission Delegation accredited to Moldova. Applying EU various leverage tools will accelerate reforms in Moldova. <\/p>\n

* Liliana Viţu, independent expert in democracy and media development for the Independent Journalism Centre, co-author of Nations in Transit Report ( Moldova chapter), Freedom House Europe, 2008; former BBC Correspondent in Moldova<\/p>\n","protected":false},"excerpt":{"rendered":"

Reading Time: <\/span> 6<\/span> minutes<\/span><\/span>Statement at the European Parliament’s hearing on Moldova, Brussels, August 25, 2008<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-137280","post","type-post","status-publish","format-standard","hentry","category-politics"],"content_social_share":"Reading Time: <\/span> 6<\/span> minutes<\/span><\/span>

By Liliana Viţu*, Statement at the European Parliament’s hearing on Moldova (August 25, 2008; Brussels)<\/p>\n

One of the priorities of the EU-Moldova Action Plan is to ensure respect for freedom of expression and media. At the beginning of 2008 both Jose Manuel Barroso and Benita Ferrero-Waldner declared at meetings with President Vladimir Voronin that lack of progress in ensuring a pluralistic environment and respect of media freedom is one on the five shortcomings in the implementation of the Action Plan. <\/p>\n

Although media legislation largely embraces European norms, certain legal provisions are being turned into practice in a manner that favours the ruling Communists’ Party (CPRM) and Christian-Democrat Peoples’ Party (CDPP). For example, as outlined by a number of media NGOs, the Broadcasting Code was edited so as to allow the ruling party to preserve control over the Broadcasting Coordinating Council (BCC) and to make possible the privatization of the capital municipal stations Antena C and Euro TV Chisinau by persons closely affiliated to the two parties on the eve of 2007 local elections. Despite legal requirements "one should not allow their closing down, but should secure a pluralist environment for media development" during the reorganization of public media outlets, BCC took no action when the new owner cancelled the majority of programs well known to the audience of Antena C and dismissed most of its reporters.<\/p>\n

A number of laws are still not in line with the European Convention on Human Rights, namely regarding the "defamation of the state and the nation" prohibited by Constitution and criminal offences, i.e. "illegal collection and deliberate unauthorized dissemination of some information protected by law regarding private life" (Article 177 Criminal Code). The Administrative Code provides for incarceration of up to 30 days for libel and verbal abuse, whilst anybody who feels defamed can file a case requesting the retraction of the information, as well as moral and material damages unless the journalist who disseminated the information proves it is true. The law does not set a ceiling on moral damages to be paid to an individual. In practice, the defendant is asked to prove the truthfulness of his\/her statements regardless of good faith, dominant public interest and journalistic ethics. The same applies to the value judgments.<\/p>\n

\"\"The new composition of the BCC proved to be politically biased in favour of the parties that secured the elections of BCC members in the Parliament: CPRM, CDPP and Democratic Party (DP). Arbitrary licences annulments and discriminatory licences’ distribution according to political loyalty occurred as the most alarming tendency in the work of BCC members. For instance, following a groundless request from the Ministry of Information Development, the BCC decided to withdraw the nationwide frequency used by the Romanian public broadcaster, TVR1. Thus, the opinions of hundreds of thousands of viewers were ignored in favour of an unknown company, whose representative worked in a media holding supported by the ruling party. Another relevant example is the one of Vocea Basarabiei radio station (critical of the Government) that received no frequency out of the 10 it requested during 2007, whereas at the same time the BCC decided to award all available channels to the NIT TV station (loyal to the Government).<\/p>\n

Both Moldovan and international observers agree that the Government’s failure to transform Teleradio-Moldova (TRM) from a propaganda instrument into a genuine, independent public broadcaster is by far the most pressing issue on the media landscape. TRM is the most widely watched news provider and the only station with nationwide reach, which gives it huge importance: almost three quarters of respondents in a poll listed television as their primary news source, while over half of respondents in the same poll named TRM as their most trusted media source. The government’s failure to open up the TRM to opposition parties and other alternative viewpoints is therefore of critical concern.The OSCE Mission to Moldova has expressed concern about the pace of reforms at TRM, which "has made almost no progress towards becoming a truly independent public service broadcaster since its formal transformation in August 2004", and has urged the newly elected Supervisory Board to "lose no more time in initiating fundamental and visible changes in the way the broadcaster reflects public and political life in the country". At the time of both the 2005 parliamentary election and the 2007 local elections the international community similarly echoed the concerns of domestic NGOs that the national broadcaster was being used to promote the ruling party and weaken its political opponents. Recent media monitoring reports show that over 40% of the news reports broadcasted by TRM are biased and have a praising character. Top leadership representing the ruling party – President Vladimir Voronin, prime-minister Zinaida Grecianii and Parliament speaker Marian Lupu – continue to enjoy most of the screen time, while the opinions of the opposition are absent.<\/p>\n

In recent years the Moldovan authorities have frequently used various forms of economic pressure to restrict media pluralism. Independent media outlets have seen their finances limited through lost advertising revenue – which the government redirects towards more docile media – and have needed to pay discriminatory fees to the state publishing house and the monopoly press distributor, The Moldova Post. They have also suffered from arbitrary licence annulments and hefty fines for alleged defamation. These tactics have resulted in either the closure of many media outlets or else a rise in self-censorship: it is worrisome that three TV channels and four radio stations declined to cover the 2005 general elections or broadcast any form of election advertising.<\/p>\n

Recent attacks on independent\/opposition journalists raised questions over the political will of Moldovan authorities to conduct free and fair elections by ensuring pluralism in media. For example:
\n– In June 2008, Prosecutor’s Office confiscated the computers of a group of teenagers and interrogated them, after the latter expressed critical opinions on web-based forums. The youngsters were accused that "through the portals they repeatedly called to violently overthrow the constitutional regime and to liquidate the statehood and territorial integrity of Moldova". This way, the Criminal Code was used to restrict the freedom of expression and intimidate those who displayed openly critical views towards the government.
\n– In February 2008, Moldavskie Vedomosti newspaper reporter was denied access to the meeting of the European Commissioner Benita Ferrero-Waldner with students of Chisinau State University. The administration of the university and the Security Service officers blocked the access of the journalist on groundless reasons.
\n– In February 2008, a reporter from Timpul de Dimineata newspaper was brutally treated by a bodyguard of Prime-Minister on the premises of a governmental car park. Later on the General Prosecutor’s Office filed a case against the director of Timpul de Dimineata, Constantin Tanase, charged with "instigation to national, racial and religious hatred or division." Media NGOs stated that the charges were not based on evidence that would prove the ill will of the journalist and raised questions as to the legal proceedings .
\n– In January 2008, a group of journalists from PRO TV, Dixi TV and Jurnal de Chisinau newspaper were not allowed to cover a concert of a Moldovan well known writer on the grounds that they did not have "tickets" or special invitations for this event. In addition, the Pro TV cameraman was forced to delete the images of President Voronin recorded while he was entering the venue. The same Pro TV crew was not allowed in March 2008 to film the Chairman of the Parliament attending a Slavic Festival.<\/p>\n

Weakened by years of political and economic pressure, the media in Moldova are not in a position to serve the public interest by pushing for democratic reforms or better government policies. Until this happens, Moldova will struggle to deepen its ties with the EU or ensure the sort of political and economic changes needed for a sustainable and significant increase in living standards.<\/p>\n

Recommendations to the Government of the Republic of Moldova:
\n• To move from words to deeds in ensuring pluralism of views in media, provide access to information and create a favourable environment to journalists in line with its commitments under the EU-Moldova Action Plan, specifically by refraining from using law enforcement bodies as means of intimidation.
\n• To curb the political control of the Broadcasting Coordination Council and Teleradio-Moldova, so that the two institutions start genuinely serving the public interest, and not the one of the ruling party and its allies.
\n• To promote open debates at public broadcasting company – TV and radio – and offer voters diverse and balanced information in order for them to make an informed choice in future elections.<\/p>\n

Recommendations to the European Union:
\n• EU institutions should consider bringing conditionality in its dialogue regarding reforms in Moldova especially that the country highly benefits from ENP funding. EU statements are welcomed but not as efficient as putting on hold financial assistance against lack of political will in promoting crucial democratic reforms.
\n• EU should engage into a more active public diplomacy, firstly through the Member States’ Embassies and the European Commission Delegation accredited to Moldova. Applying EU various leverage tools will accelerate reforms in Moldova. <\/p>\n

* Liliana Viţu, independent expert in democracy and media development for the Independent Journalism Centre, co-author of Nations in Transit Report ( Moldova chapter), Freedom House Europe, 2008; former BBC Correspondent in Moldova<\/p>\n

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