Analysis of amendments of draft law on Independent Media Commission

1. Clarify the purpose of the Law

1. Define obligations of media services
2. Remove unnecessary definitions

Not addressed

1. Differentiate regulatory approaches
2. Clarify licensing and registration requirements

Not addressed

1. Establish proportional sanctions and fines

1. Conduct consultation and ensure inclusivity

1. Clarify competences and powers of the National Regulatory Authority (NRA) and strengthen its independence

1. Enhance media ownership transparency

1. Establish a media support fund
2. Promote self-regulation and co-regulation

Not addressed

1. Address disinformation and promote media literacy

• 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).

• 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

Not addressed

• Eliminate the definition of “online audiovisual media services” to avoid confusion and ensure alignment with the AVMS Directive.

• 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 33

Not addressed

• 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 33

Not addressed

• 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

Not addressed

• Conduct meaningful consultations with key stakeholders, including media operators, civil society, and regulatory bodies, ensuring transparency and inclusivity in the legislative process.

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.

• 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 55

Articles 14-16

Not addressed

Not addressed

• 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 26

- Ownership of media for political parties and religious organisations is prohibited.

Some minimum criteria to secure media pluralism were included in the draftlaw.

• 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

Not addressed

• 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

Not addressed

• 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

Not addressed

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.