The Information Integrity Forum has conducted an analysis of the 93 amendments of draft law on Independent Media Commission with the view of understanding the level of implementation of recommendations provided by the Council of Europe (CoE) dated 24 May 2024.
The table below provides three categories of implementation of CoE recommendations by the Committee on Public Administration, Local Governance, Media, and Rural Development of the Assembly of the Republic of Kosovo. The first category is marked in green and shows recommendations that were fully addressed. The second category is marked in yellow and shows recommendations that were partially addressed. The third category is marked in red and shows recommendations that were not addressed.
Out of twelve main CoE recommendations, ten of them, or 83 percent, have not been addressed by the Media Committee.
The Information Integrity Forum was established as an informal mechanism with the support of the National Democratic Institute (NDI) through the United States Agency for International Development (USAID) in December 2021, to facilitate internal dialogue among key stakeholders on possible solutions to problems of the media and information environment in Kosovo. The publications and reactions of the Information Integrity Forum do not necessarily reflect the views and positions of NDI and USAID.
| CoE recommendations | Has the recommendation been addressed? |
| 1. Clarify the purpose of the Law | Not addressed |
| 2. Define obligations of media services
3. Remove unnecessary definitions |
Not addressed
Not addressed |
| 4. Differentiate regulatory approaches
5. Clarify licensing and registration requirements |
Not addressed
Not addressed |
| 6. Establish proportional sanctions and fines | Not addressed |
| 7. Conduct consultation and ensure inclusivity | Partially addressed |
| 8. Clarify compentences and powers of the National Regulatory Authority (NRA) and strengthen its independence | Not addressed |
| Enhance media ownership transparency | Partially addressed |
| 10. Establish a media support fund
11. Promote self-regulation and co-regulation |
Not addressed
Not addressed |
| 12. Address disinformation and promote media literacy | Not addressed |
| CoE recommendations | Which article should have been amended? | Has the recommendation been taken into account? | Analysis | |
| 1 | Clarify the purpose of the Law
● Clearly state that the purpose of the Law is to regulate the audiovisual media sector and elaborate on the rights and responsibilities of audiovisual media services and video-sharing platform services (VSPS). |
Article 1 |
Not addressed |
Section 2.1 recommends changing the scope of the law. |
| 2 | Define obligations of media services
Explicitly include the obligations of audiovisual media services to protect minors and provide accessible content for people with disabilities under Article 51. Adjust provisions related to VSPS to place obligations directly on VSPS rather than on the IMC. |
Article 51
Article 51 |
Not addressed
Not addressed |
Section 2.2. recommends to include the obligations on media services. |
| 3 | Remove unnecessary definitions
Eliminate the definition of “online audiovisual media services” to avoid confusion and ensure alignment with the AVMS Directive. |
Article 3, paragraph 1.1.3 |
Not addressed |
Section 3.1 recommends removing the definition of “online audiovisual media services”. |
| 4 | Differentiate regulatory approaches
Clearly distinguish between the regulatory regimes for on-demand audiovisual media services and video-sharing platform services to avoid applying a one-size-fits-all approach. |
Article 30
Article 33 |
Not addressed
Not addressed |
Section 3.1 on regulatory regime recommend to apply different regulatory approaches to different services |
| 5 | Clarify licensing and registration requirements
Introduce a notification or registration system for on-demand audiovisual media services and video-sharing platform services, rather than requiring permits. Provide clear definitions and procedures for the issuance of licenses, permits, and registrations in line with European practices. |
Article 30
Article 33 |
Not addressed
Not addressed |
Sections 3.2.1 - 3.2.3 recommends introduction of notification or registration system for on demand and VSP. |
| 6 | Establish proportional sanctions and fines
Ensure that sanctions and fines are proportional to the severity of the violations, clearly defining the types of violations and corresponding penalties. Introduce a graduated system of sanctions that accounts for the economic capacity of media outlets to ensure fairness. |
Article 56
Article 56 |
Not addressed
Not addressed |
Section 1.3 recommends introduction of principle of proportionality in determining fines. |
| 7 | Conduct consultation and ensure inclusivity
Conduct meaningful consultations with key stakeholders, including media operators, civil society, and regulatory bodies, ensuring transparency and inclusivity in the legislative process.
|
Partially addressed
One public consultation was organised before CoE provided its legal opinion.
Previously, civil society representatives approached the government and the parliament to collaborate and contribute but neglected. |
Section 1.4 recommends meaningful consultations with civil society actors and experts. | |
| 8 | Clarify competences and powers of the National Regulatory Authority (NRA) and strengthen its independence
Clearly define the competences and powers of the NRA in the law itself, without recourse to sub-laws, ensuring adequate financial and human resources for the IMC to carry out its functions effectively.
Ensure the independence and autonomy of the NRA through clear provisions around its functioning, financial resources, and methods of appointing and dismissing management and governing bodies.
Implement an independent nomination process for selecting the chairperson of the Independent Media Commission (IMC). |
Article 4
Article 55
Articles 14-16 |
Not addressed
Not addressed
Not addressed |
Section 4 provides various recommendations on independence of the national regulatory authority. |
| 9 | Enhance media ownership transparency
Include minimum standards on media ownership and definitions of media concentration in the law, outlining criteria such as threats to media pluralism and risks of media concentration.
Reintroduce the prohibition on political ownership of the media to prevent politicisation and ensure media independence. |
Article 42
Article 26 |
Partially addressed
- Ownership of media for political parties and religious organisations is prohibited
Some minimum criteria to secure media pluralism were included in the draftlaw.
|
Section 5 provides recommendations on media ownership and media pluralism. |
| 10 | Establish a media support fund
Clearly outline the purpose of the media support fund and define “content of public interest” to ensure alignment with European standards. Guarantee that the fund will be administered in a non-discriminatory and transparent manner by an independent media regulatory authority, with clear governance standards. |
Article 8
Article 8 |
Not addressed
Not addressed |
Section 5.3 recommends introduction of funds to support the media and include some minimum standards of its functioning. |
| 11 | Promote self-regulation and co-regulation
Support and enhance the self-regulatory body, ensuring cooperation between the IMC and the press council to maintain high standards of journalism and media ethics. Encourage the development of self-regulation frameworks that include professional and ethical standards, particularly in the coverage of election campaigns and handling of disinformation. |
Article 4
Article 4 |
Not addressed
Not addressed |
Section 3.4 recommends cooperation with self regulation body and its empowerment. |
| 12 | Address disinformation and promote media literacy
Promote media education and digital literacy skills to counter disinformation and enhance public awareness.
Encourage collaborative fact-checking initiatives and improvements in content moderation systems to maintain the integrity of information. |
Article 10
Article 10 |
Not addressed Not addressed P.S The new provision on media literacy attempts to address media literacy but only for AVMS and not for online, as recommended by the legal opinion. In addition, a new provision was introduced to oblige the IMC to draft a by law on disinformation – amendment 79. |
Section 3.5 provides a list of recommendations on combating disinformation. |
